Madras High CourtCRL OP(MD)/1466/2022granted

Akash v. The Inspector Of Police

2022-02-02Honourable Mr Justice G.Ilangovan2 pages

CRL OP(MD). No.1466 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/02/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.1466 of 2022 Akash ... Petitioner/Accused No.3 Vs The State rep.by The Inspector of Police, Town West Police Station, Thanjavur District.

(Crime No.1739/2021).

... Respondent/Complainant For Petitioner : M/s.D.SARANYA Advocate.

For Respondent : Mr.P.KOTTAI CHAMY Government Advocate (Crl.side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.1739 of 2021 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/Accused No.3 herein, who was arrested on 24.12.2021 for the alleged offence under Section 399 of IPC in Crime No.1739 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on the date of occurrence all the accused persons gathered together and assembled and tried to commit robbery. Hence the complaint.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution.

4.The learned Government Advocate would submit that the earlier bail petition filed before the Principal Sessions Judge, Thanjavur, was dismissed on 22.01.2022. The petitioner is a habitual offender. The petitioner is having eight(8) previous cases and out of which four cases has been disposed and four cases are pending now. 5.However, considering the duration of custody underwent by the petitioner and the fact that there was no commission of robbery, this Court is inclined to grant bail to the petitioner with https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.1466 of 2022 stringent conditions. The petitioner has to file an undertaking affidavit that he will not indulge in such an illegal activities in future. If any case is registered after grant of bail by this Court, the relief of bail granted to the petitioner will automatically get cancelled.

6.Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail, on executing a personal 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 No.I, Thanjavur, Thanjavur District, and on further condition that the petitioner shall report before the respondent police once in 15 days at 10.30 a.m. until further orders.

sd/- 02/02/2022 / TRUE COPY / 02/02/2022 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.

TO 1 THE JUDICIAL MAGISTRATE NO.I THANJAVUR, THANJAVUR DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

3 THE SUPERINTENDENT CENTRAL PRISON, PUDUKOTTAI.

4 THE INSPECTOR OF POLICE, TOWN WEST POLICE STATION, THANJAVUR DISTRICT.

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

ORDER

IN CRL OP(MD) No.1466 of 2022 Date :02/02/2022 SA/PA/SAR.4/02.02.2022/2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2