Madras High CourtCRL OP/8015/2022granted

Duraimurugan v. State Rep By

2022-04-06Honourable Dr Justice G. Jayachandran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.04.2022

CORAM:

THE HON'BLE Dr. JUSTICE G.JAYACHANDRAN Crl.O.P.No.8015 of 2022 Duraimurugan .. Petitioner Vs.

The State rep. by The Inspector of Police, Konganapuram Police Station, Salem District.

(Crime No.68 of 2022) .. Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Crime No.68 of 2022 on the file of Konganapuram Police Station, Salem District. For Petitioner : Mr.T.Ganesan For Respondent : Mrs.G.V.Kasthuri Additional Public Prosecutor ********

ORDER

The petitioner, who was arrested on 23.03.2022 for the alleged offences under Section 436 of IPC in Crime No.68 of 2022, on the file of the respondent police, seeks bail.

2.The petitioner herein set fire to the hut of the defacto complainant damaging hut and her aadhaar card, family ration card, one cycle and other valuables. The petitioner was arrested on 23.03.2022. The petitioner has committed the said crime due to the previous enmity regarding the laying of water pipelines. The Family Ration card, Aadhaar card, cell phone, and cycle were consumed by fire and the worth of property damaged is assessed as Rs.18,000/-. However, considering the difficulty in getting the duplicate Aadhaar card, ration card and the property deed, this court is inclined to grant bail subject to the following conditions;

(a) the petitioner shall deposit Rs.30,000/- to the credit of Crime No.68/2022 and shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of the learned District Munsif Cum Judicial Magistrate, Edappady;

(b) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhar Card or Bank Pass Book to ensure their identity; (c) the petitioner is directed to report before the Investigating Officer daily at 10.30 a.m. until further orders. (d) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(e) on breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560];

(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

-sd/- 06/04/2022 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, EDAPPADY, SALEM DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE SALEM DISTRICT [FOR INFORMATION]

3 THE INSPECTOR OF POLICE, KONGANAPURAM POLICE STATION, SALEM DISTRICT.

4 THE OFFICER INCHARGE, SUB JAIL, SANKARI, SALEM DISTRICT.

5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1CC to M/S. T.GANESAN Advocate on payment of necessary charges SR.No.5198 CRL OP.8015/2022 Date :06/04/2022 CSK 07/04/2022