Veeramanikandan @ Aadhi v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Thirteenth day of June Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice P.RAJAMANICKAM CRL OP(MD) No.8180 of 2019 1 VEERAMANIKANDAN @ AADHI 2 GUHAN ... PETITIONERS / ACCUSED NO.1 & 2 Vs STATE REP. BY THE INSPECTOR OF POLICE, THIRUKKATTUPALLI POLICE STATION, THANJAVUR DISTRICT, CRIME NO.80/2019. ... RESPONDENT / COMPLAINANT For Petitioner : MR.G.KARUPPASAMYPANDIYAN Advocate For Respondent : MR.V.NEELAKANDAN, Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C.
ORDER : The Court Made the following order :- This petition has been filed by the petitioners/Accused 1 and 2 seeking bail for the alleged offence punishable under Section 379 IPC.
2.Heard both sides.
3.The learned counsel appearing for the petitioners has submitted that the first petitioner is studying in ITI at Thanjavur and the second petitioner is a Diploma holder and waiting for job. He further submitted that even as per the First Information Report, the petitioners attempted to commit theft of a single goat in their two wheeler and the petitioners were arrested on 25.05.2019 and the goat was also seized. He further submitted that based on the confession recorded in this case, the petitioners herein have been implicated in the case, which is relating to the year 2018 and the same is pending on the file of the Lalgudi Police Station. He further submitted that the investigation has been completed and therefore, he prayed for granting bail to the petitioners. 4.Per contra, the learned Additional Public Prosecutor appearing for the respondent has submitted that the petitioners have
already involved in one case and it is pending on the file of the Lalgudi Police Station and investigation is still pending and hence, she strongly opposed this petition.
5.Taking into consideration of the fact that the petitioners are in custody from 25.05.2019 and the property also recovered, this Court is inclined to grant bail to the petitioners with certain conditions.
[a] the petitioners are ordered to be released on bail on their executing a 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 Thiruvaiyaru, Thanjavur District. [b] the petitioners shall report before the respondent police daily at 10.00.a.m for a period of one month and thereafter, as and when required for the interrogation.
[c] the petitioners shall not abscond either during investigation or trail.
[d] the petitioners shall not tamper with evidence or witness either during investigation or trail.
[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 petitioners 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].
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
sd/- 13/06/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, THIRUVAIYARU, THANJAVUR DISTRICT.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR AT KUMBAKONAM.
3 THE INSPECTOR OF POLICE, THIRUKKATTUPALLI POLICE STATION, THANJAVUR DISTRICT.
4 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.G.KARUPPASAMYPANDIYAN Advocate SR.No. 9609
ORDER
IN CRL OP(MD) No.8180 of 2019 Date :13/06/2019 JM/VR/SAR 3/13.06.2019/3P/7C