Thomas @ Thomas Amalorbavaraj v. State Rep By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.06.2022
CORAM
THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.OP.No.14036 of 2022 Thomas @ Thamos Amalorbavaraj ..Petitioner Vs.
State Represented by the Inspector of Police, Orleanpet Police Station, Transferred to CBCID Police Station, Puducherry.
(Crime No.54 of 2022) ..Respondent PRAYER:Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail by the respondent in Crime No.54 of 2022 on the file of the respondent Police. For Petitioner : Mr.J.Franklin For Respondent : Mr.V. Balamurugane Public Prosecutor for Puducherry
ORDER
The petitioner, who was arrested and remanded to judicial custody on 01.04.2022 for the offences punishable under Sections 489(A)(B)(C)(D) and r/w 34 of IPC in Crime No.54 of 2022 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the petitioner had in furtherance of common intention used counterfeit currency of Rs.500/- note as genuine currency for purchase of liquor bottles. Hence, the complaint.
3. The learned counsel appearing for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution and the petitioner is no way connected in this case. He would also submit that the petitioner was arrested and remanded to judicial custody on 01.04.2022. Hence, he prays for grant of bail to the petitioner.
4. The learned Public Prosecutor for Puducherry appearing for the respondent would submit that the petitioner used counterfeit currency. Hence, he vehemently opposed to grant bail to the petitioner.
5. Considering the above facts and circumstances of the case and also considering the period of incarceration, this Court is inclined to grant bail to the petitioner. 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 blood related sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Puducherry 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 a.m., and 5.30 p.m., for a period of four weeks and thereafter, as and when required for interrogation. [c] the petitioner shall not abscond either during investigation or trial.
[d] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[d] 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/- 22/06/2022 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, NO.II, PUDUCHERRY 2 THE CHIEF JUDICIAL MAGISTRATE PUDUCHERRY(FOR INFORMATION) 3 THE SUPERINTENDENT, CENTRAL PRISON, PUDUCHERRY 4 THE INSPECTOR OF POLICE, ORLEANPET POLICE STATION, PUDUCHERRY 5 THE INSPECTOR OF POLICE, CBCID POLICE STATION, PUDUCHERRY.
6 THE PUBLIC PROSECUTOR PUDUCHERRY CC to M/S.J.FRANKLIN Advocate on payment of necessary charges Sr.9749 CRL OP.14036/2022 Date :22/06/2022 RVR 23/06/2022