Arulprakash v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Eleventh day of January Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD) No.434 of 2019 ARULPRAKASH ... PETITIONER / ACCUSED ( RANK NOT KNOWN ) Vs STATE REP. BY THE INSPECTOR OF POLICE, PATTUKKOTTAI TALUK POLICE STATION, THANJAVUR DISTRICT.

IN CRIME NO. 260 OF 2018 ... RESPONDENT / COMPLAINANT For Petitioner : MR.S.RAMASAMY Advocate For Respondent : MR.K.SUYAMBULINGA BHARATHI, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner was arrested and remanded to judicial custody since 05.12.2018 for the offences punishable under Sections 392@ 120 (B), 406,408 and 420 of IPC in Crime No.260 of 2018, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that while the petitioner was proceeding in his two wheeler bearing Reg.No.TN 55 Z 5654 towards Mathukoor, Pattukottai main road, near Athikottai Village at that time two unknown persons came behind his two wheeler and thrown chilly powder on his face and took the bag containing Rs.10,86,648/- from him. During investigation it is revealed that the petitioner herein has made a drama as if the above amount has been robbed from him and hence the offence has been altered.

3. The learned counsel for the petitioner would submit that petitioner has been falsely implicated as an accused and he has not committed any offence as alleged by the prosecution.

4. The learned Government Advocate(Crl.Side) would submit that a sum of Rs.2,01,000/- has been received from the first accused and

Rs.5,40,000/- has been received from the second accused. He would submit that co- accused in this case was granted by the lower court and major part of the investigation is over.

5. Considering the facts and circumstances of the case and also considering the period of incarceration of the petitioner, this Court is inclined to grant bail to the petitioner.

6. Accordingly, the petitioner is ordered to be released on bail on their 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, Pattukottai and on further condition that:

[a] the petitioner shall report before the respondent police daily at 10.30 a.m for a period of two weeks and thereafter as and when required for interrogation.

[b] the petitioner shall not abscond either during investigation or trial.

[c] 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]. [e] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 11/01/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, PATTUKOTTAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJORE AT KUMBAKONAM.

3 THE INSPECTOR OF POLICE, PATTUKKOTTAI TALUK POLICE STATION, THANJAVUR DISTRICT.

4 THE OFFICER INCHARGE, SUB JAIL, PATTUKKOTTAI.

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

+1. CC to M/S.S.RAMASAMY Advocate SR.No. 735

ORDER

IN CRL OP(MD) No.434 of 2019 Date :11/01/2019 JM/VR/SAR 3/11.01.2019/3P/7C