Boomi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/02/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.2169 of 2022

1. Boomi

2. Shanmuganathan

3. Manoj Kumar ... Petitioners/Accused 1, 3 & 4 Vs State rep.by The Inspector of Police, Thondi Police Station, Ramanathapuram District.

(in Crime No.25/2022). ... Respondent/Complainant For Petitioners : M/s.Sades Kumar S, Advocate. For Respondent : M/s.SS.Madhavan, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.25 of 2022 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioners/A1, A3 & A4 herein, who were arrested on 18.01.2022 for the alleged offence under Section 399 of IPC, in Crime No.25 of 2022 on the file of the respondent police, seek bail. 2.The case of the prosecution is that one Hassan, who is the defacto complainant is working as Manager in the J.B Guest House, situated near Old Bus Stand, Thondi. On 17.01.2022, at about 11.30 a.m, the accused persons went to him and asked rooms for them. After verifying their I.D proof, he allotted rooms for them. Some times later, he heard the talk of the accused persons that they have come with an intention to commit dacoity. Hence this complaint.

3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they were falsely implicated in this case and they have not committed any offence as alleged by the prosecution. He further submitted that the co-accused 6, 7, 8 and 9 have been already released on bail by the concerned Court. Hence, he prays to grant of bail to the petitioners.

4.The learned Government Advocate (Crl.Side) submitted that the first petitioner is having 4 previous cases, the second petitioner is having 1 previous case and the third petitioner is not having any previous case.

5.Considering the incarceration of the petitioners and also considering the fact that the co-accused have already been released on bail, this Court is inclined to grant bail to the petitioners with certain conditions.

6.Accordingly, the petitioners are ordered to be released on bail, on executing a personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Thiruvadanai, Ramanathapuram District, and on further condition that the petitioners shall report before the respondent police daily at 10.30 a.m. until further orders.

Sd/- 03/02/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.I) Madurai Bench of Madras High Court, Madurai - 625 023.

dss 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, THIRUVADANAI, RAMANATHAPURAM DISTRICT.

2. -DO- THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPRUAM DISTRICT.

3. THE SUPERINTENDENT, DISTRICT PRISON, RAMANATHAPURAM.

4. THE INSPECTOR OF POLICE, THONDI POLICE STATION, RAMANATHAPURAM DISTRICT.

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

ORDER

IN CRL OP(MD) No.2169 of 2022 Date :03/02/2022 SP/PN/SAR I/04/02/2022/3P/6C