M.Saravanan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01/03/2021 PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR M.Saravanan ... Petitioner/Accused No.1 Vs The State rep.by The Inspector of Police, Thillai Nagar Police Station, Trichy City, Trichy District.

Crime No.89 of 2021. ... Respondent/Complainant For Petitioner : Mr.A.Azhageson, Advocate.

For Respondent : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.89 of 2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused No.1, who was arrested and remanded to judicial custody on 22.01.2021 for the offences punishable under Sections 392 and 397 of IPC, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that on 22.01.2021, the petitioner and other accused waylaid the de-facto complainant and attacked him and extorted Rs.700/- from the de-facto complainant's pocket. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner was arrested in Crime No.247 of 2020 for the offences punishable under Sections 302, 120(b) and 308 of IPC. In that case, the petitioner was granted bail on 19.07.2020. Six days thereafter, the petitioner was detained under Goondas Act on 24.07.2020. Goondas Act had been revoked on 05.01.2021. Thereafter, the petitioner had executed sureties on 21.01.2021 and on the same day, he came out of bail and thereafter, he was detained by the 1/3

respondent police. He would further submit that the petitioner is innocent and he has no way connected with the alleged offence. 4.The learned Government Advocate(Crl.Side) appearing for the respondent would submit that the petitioner is involved in two murder cases. The petitioner is a notorious rowdy and on the date of occurrence, the petitioner along with others waylaid the de-facto complainant and by showing a knife, taken away the money of Rs.700/-. Hence, he opposed to grant bail to the petitioner. 5.Considering the facts and circumstances of the case and also considering the fact that earlier the petitioner was detained under Goondas Act and thereafter, the detention has been revoked and further, within two days, he had been arrested by the respondent police.

Hence, 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.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.IV, Trichy District.

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 stay at Madurai and report before the Anna Nagar Police Station, Madurai, 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 thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 01/03/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

2/3

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.IV, TRICHY DISTRICT.

2.DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.

3.THE OFFICER INCHARGE, DISTRICT PRISON, TRICHY.

4.THE INSPECTOR OF POLICE, THILLAI NAGAR POLICE STATION, TRICHY CITY, TRICHY DISTRICT.

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

COPY TO:

THE INSPECTOR OF POLICE, ANNA NAGAR POLICE STATION, MADURAI.

+1 CC to M/s.A.AZHAGESON, Advocate ( SR-1588[I] dated 01/03/2021 )

ORDER

IN CRL OP(MD) No.3192 of 2021 Date :01/03/2021 SJI TK/VR/SAR.3/01.03.2021/3P/8C 3/3