Senthilkumar v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Wednesday, the Eighteenth day of May Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice N. ANAND VENKATESH CRIMINAL ORIGINAL PETITION No.11246 of 2022 SENTHILKUMAR [ PETITIONER / ACCUSED ] Vs STATE REP. BY [ RESPONDENT ] THE INSPECTOR OF POLICE TITTAKUDI POLICE STATION, CUDDALORE DISTRICT.
CRIME NO.149 OF 2022.
For Petitioner : M/S. S.NEDUNCHEZHIYAN Advocate For Respondent : MR.S.SANTHOSH, Govt. Advocate (Crl. Side) PETITION FOR BAIL 439 Cr.P.C.
ORDER : The Court Made the following order :- The petitioner, who was arrested and remanded to judicial custody on 12.03.2022 for the alleged offence under Sections 489B and 489C of IPC in Crime No.149 of 2022 on the file of the respondent police, seeks bail.
2. The case of the prosecution was that the respondent police during the routine vehicle check found that the accused persons were dealing with counterfeit notes near a petrol bunk and the accused persons were arrested and counterfeit notes were recovered. There are totally three accused persons in this case and the petitioner has been arrayed as A3.
3. The learned counsel for the petitioner submitted that the petitioner has already suffered incarceration for nearly 68 days and that the petitioner has been falsely implicated in this case.
4. The learned Government Advocate (Crl. Side) submitted that twenty numbers of Rs.500/- counterfeit notes were recovered from the petitioner and thirty three numbers of Rs.500/- counterfeit notes were recovered from A1. The learned Government Advocate (Crl. Side) further submitted that there are no previous case against the petitioner.
5. The earlier bail petition filed by the petitioner was dismissed as withdrawn and this Court did not go into the merits of the case.
6. Taking into consideration the facts and circumstances and also the fact that the counterfeit notes have already been recovered from the petitioner and the petitioner has already suffered incarceration for nearly 68 days and there are no previous case pending against the petitioner, this Court is inclined to enlarge the petitioner on bail by imposing some stringent conditions.
7. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Tittakudi, and on further conditions that:- [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity. [b] the petitioner shall report before the respondent police daily at 10.30 am and 5.30 p.m, until further orders. [c] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[d] the petitioner shall not abscond either during investigation or trial.
[e] On breach of any of the aforesaid conditions, the learned 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/- 18/05/2022 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 JUDICIAL MAGISTRATE, TITTAKUDI 2 THE CHIEF JUDICIAL MAGISTRATE CUDDALORE [FOR INFORMATION] 3 THE INSPECTOR OF POLICE TITTAKUDI POLICE STATION, CUDDALORE DISTRICT.
4 THE OFFICER INCHARGE SUB JAIL, CUDDALORE.
5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1 CC to M/S. S.NEDUNCHEZHIYAN Advocate on payment of necessary charges SR.NO.7170 CRL OP.11246/2022 Date :18/05/2022 JPA 18/05/2022