M.Prasanth Kumar v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.05.2023
CORAM
THE HONOURABLE MR. JUSTICE A.A.NAKKIRAN 1.M.Prasanth Kumar 2.S.Saravanan ... Petitioners Vs.
The State Represented by, The Inspector of Police, T-18, Thazambur Police Station, Chennai.
... Respondent Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to enlarge the petitioners on bail pending investigation in Crime No.86 of 2023 dated 12.04.2023 on the file of the respondent police. For Petitioners : Mr.T.Meganathan for Mr.G.Mohana Krishnan For Respondent : Mr.S.Sugendran Additional Public Prosecutor 1/6
ORDER
The petitioners, who were arrested and remanded to judicial custody on 12.04.2023, in connection with Crime No.86 of 2023 registered for the offence punishable under Sections 489A, 489B, 489C and 489D of IPC, seek bail.
2. The case of the prosecution as per the de-facto complainant is that, de-facto complainant is a Inspector of Police (Crime). When he was in regular vehicle check up along with the police party in the respondent police jurisdiction, they found four persons having 500 rupees fake currency. After enquiry, they arrested the accused and recovered the fake currencies and printing machine. Hence, the complaint.
3. Learned counsel for the petitioners submitted that the petitioners are innocent persons and they have been falsely roped into this case. He further submitted that the petitioners are no way connected with the alleged offence and they are in judicial custody from 12.04.2023. He also submitted 2/6
that the petitioners are ready and willing to furnish solvent sureties and to abide by any stringent condition that may be imposed on him. Hence, he prayed for grant of bail to the petitioners.
4. Learned Additional Public Prosecutor appearing for the respondent submitted that there are totally nine accused in this case and the petitioners are arrayed as A4 and A8. He further submitted that, respondent police have recovered the fake currencies and printing machine from the accused. However, he strongly opposed for grant of bail to the petitioners.
5. Taking into consideration the facts and circumstances of the case, the submissions made by learned counsel on either side and also the period of incarceration undergone by the petitioners from the date of their arrest i.e. 12.04.2023, this Court is inclined to grant bail to the petitioners. Accordingly, each of the petitioner shall deposit a sum of Rs.10,000/- (Rupees Ten Thousand only), by way of Demand Draft to the Cancer Institute (WIA) (Regional Cancer Centre), Adyar, Chennai - 600020, bearing A/c.No.149710011005477, Andhra Bank, Madhya Kailash Branch, and on such deposit the petitioners are ordered to be released on 3/6
bail on their executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each with two sureties, one among the sureties shall be a blood related surety, each for a like sum to the satisfaction of the learned Judicial Magistrate, Thiruporur 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 petitioners shall report before the respondent Police daily at 10.30 a.m., until further orders;
[c] the petitioners shall not abscond either during investigation or trial;
[d] the petitioners shall not tamper with evidence or witness 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]; 4/6
[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.
17.05.2023 gd/arb To
1. The Judicial Magistrate, Thiruporur.
2. The Inspector of Police, T-18, Thazambur Police Station, Chennai.
3. The Sub-Jail, Chengalpet.
4. The Public Prosecutor, High Court of Madras.
5/6
A.A.NAKKIRAN, J.
gd/arb 17.05.2023 6/6