Balakrishnan @ Prabhakaran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/03/2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR Balakrishnan @ Prabhakaran ... Petitioner/Accused-6 Vs The State Rep. By, The Inspector of Police, Thirutthangal Police Station, Virudhunagar District.

(Cr.No. 8 of 2022).

... Respondent/Complainant For Petitioner : Mr.P.Karthick Advocate.

For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.8 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/A6, who was arrested and remanded to judicial custody on 24.01.2022 for the offences punishable under Sections 420 and 120(B) of IPC @ 120(B), 420 and 34 of IPC r/w 489(B) and 489 (C) of IPC, in Crime No.8 of 2022, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner along with other accused borrowed a sum of Rs.3,00,000/- from the de-facto complainant and thereafter, cheated the de-facto complainant by circulating fake currency notes. Hence the complaint. 3.The learned counsel for the petitioner would submit that the petitioner is innocent person and he has not committed any offence as alleged by the prosecution. He would further submit that the coaccused were already granted bail by this Court in Crl.O.P.(MD) Nos.3693 and 3806 of 2022, dated 23.02.2022 and 28.02.2022. 1/3

4.The learned Additional Public Prosecutor would submit that the petitioner and other accused persons had cheated the de-facto complainant and attempted to circulate fake currency notes illegally. He would further submit that the petitioner was having two previous cases for similar offences and that after trial, he was acquitted.

5.Considering the nature of the charges levelled against the petitioner and also the facts that the co-accused were already granted bail by this Court and that the petitioner is in judicial custody from 24.01.2022, 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.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Sivakasi. (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 / petitioner thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

sd/- 04/03/2022 / TRUE COPY / / /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.

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TO

1. THE JUDICIAL MAGISTRATE NO.II, SIVAKASI.

2. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, VIRUTHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

3. THE OFFICER-INCHARGE, DISTRICT PRISON, VIRUDHUNAGAR.

4. THE INSPECTOR OF POLICE, THIRUTTHANGAL POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

ORDER

IN CRL OP(MD) No.3695 of 2022 Date :04/03/2022 USK/VR/SAR-IV/04.03.2022/3P/6C 3/3