Dinesh v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/01/2021 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR Dinesh ... Petitioner/Accused No.4 Vs The State rep.by The Inspector of Police, Musiri Police Station, Musiri, Trichy District.

Crime No.1578 of 2020. ... Respondent/Complainant For Petitioner : Mr.K.Arunraj, Advocate.

For Respondent : Mr.R.Srinivasan, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.1578 of 2020 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/A4, who was arrested and remanded to judicial custody on 18.12.2020 for the offences punishable under Sections 395 and 397 of IPC on the file of the respondent police seeks bail. 2.The case of the prosecution is that on 17.09.2020 the petitioner along with other accused said to have extorted Rs. 4500/- from the defacto complainant at knife point. Hence the complaint. 3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. He would also submit that the petitioner is in jail from 18.12.2020 and hence he seeks bail.

4. The learned Government Advocate(Crl.Side) would submit that there are totally five accused in this case and the petitioner herein is arrayed as A4. He would also submit that petitioner along 1/3

with other accused said to have extorted Rs. 4500/- from the defacto complainant at knife point and the said amount has been recovered. He would also submit that no previous case is pending against the petitioner.

5. Taking note of the above facts and circumstances of the case and also taking into consideration the period of incarceration and also the fact that amount has been recovered and no previous case is pending against the petitioner, this Court is inclined to grant bail to the petitioner subject to the following conditions: 6.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, Musiri i) the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity ii) the petitioner shall report before the respondent police daily at 10.30 a.m until further orders.

iii)the petitioner shall not tamper with evidence or witness. iv) the petitioner shall not abscond during trial. v)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]. vi) If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 11/01/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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TO 1.THE JUDICIAL MAGISTRATE, MUSIRI.

2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.

3.THE INSPECTOR OF POLICE, MUSIRI POLICE STATION, MUSIRI, TRICHY DISTRICT.

4.THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.

5.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.305 of 2021 Date :11/01/2021 AAV TK/VR/SAR.2/11.01.2021/3P/6C 3/3