Sajin Kumr @ Manu v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/03/2021 PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR Sajin Kumar @ Manu ... Petitioner/3rd Accused Vs The State rep.by The Inspector of Police, Thuckalay Police Station, Thuckalay, Kanniyakumari District.

Crime No.43/2021. ... Respondent/Complainant For Petitioner : Mr.M.Francis Xavier, 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.43 of 2021 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner/A3 herein who were arrested and remanded to judicial custody on 20.01.2021 for the alleged offences under Sections 392,170,120(b) and 406 of IPC , on the file of the respondent police, seeks bail.

2.The case of the prosecution is that on 19.01.2021 at about 5.30 hrs the defacto complainant had sent jewels weighing 1 1⁄2 kg from this jewellery shop to his son-in-law shop at Tirunelvelli and 800 gms of gold to some other persons who are having jewellery shop at Nagercoil. On the way to Tirunelveli they delivered 1 1⁄2 kg of gold to the informant's son-in -law and received Rs. 76.50 lakhs and also delivered 800 gms of gold at Nagercoil and received Rs.40.44 lakhs and while they were returning back four persons restrained the car and said that they are police officials and took away cash of Rs.76.40 lakhs and snatched cell phones of three employees of the informant and fled from the scene of occurrence. Hence the complaint.

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3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in the above case. The petitioner had only travelled along with his friends not knowing anything about the plan. He would also submit that the cash has been recovered. He would also submit that co-accused in this case were granted bail by this Court. He would also submit that the petitioner is in jail from 20.01.2021, hence he may be granted bail.

4.The learned Government Advocate(Crl.Side) appearing for the State would submit that accused persons hails from Kerala and they have acted as police officers and had waylaid the defacto complainant and committed robbery of Rs.76.40 laksh. He would also submit that the stolen cash has been recovered and no previous case is pending against the petitioner. He would also submit that coaccused n this case were granted bail by this Court.

5. Taking into consideration the facts and circumstances of the case and also taking into consideration the period of incarceration and also taking note of the fact that the stolen cash was recovered and also the fact that no previous case is pending against the petitioner and also the fact that co-accused in this case were granted bail by this Court ,this Court is inclined to grant bail to the petitioner by imposing conditions.

6.Accordingly, the petitioner is ordered to be released on bail, subject to the following conditions:

[a] the petitioner shall pay a sum of Rs.25,000/-(Rupees Twenty five thousand only) to the Manolaya, Centre for treatment and Rehabilitation Centre of mental disorder persons,4/133/4, Chardep Nagar, Achankulam, Potrayadi (Post) K.K. District without prejudice to his rights and contentions before the trial Court. The petitioner shall produce the proof of remittance /submission of amount to the Magistrate while executing sureties.

[b] On acknowledgment of the same, the petitioner shall execute 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 District Principal and Sessions Judge, Nagercoil.

[c] 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;

[d] the petitioner shall stay at Nagercoil and report before the respondent police daily at 10.30 a.m., until further orders. [e]the petitioner shall not abscond either during investigation or trial.

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[f]the petitioner shall not tamper with evidence or witness either during investigation or trial.

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

sd/- 08/03/2021 / TRUE COPY / / /2021 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.

TO 1.THE DISTRICT PRINCIPAL AND SESSIONS JUDGE, NAGERCOIL. 2.THE INSPECTOR OF POLICE, THUCKALAY POLICE STATION, THUCKALAY, KANNIYAKUMARI DISTRICT.

3.THE OFFICE INCHARGE,DISTRICT JAIL NAGERCOIL. 4.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

COPY TO:

THE OFFICER INCHARGE THE MANOLAYA, CENTRE FOR TREATMENT AND REHABILITATION CENTRE OF MENTAL DISORDER PERSONS, 4/133/4, CHARDEP NAGAR, ACHANKULAM, POTRAYADI (POST) K.K. DISTRICT ORDER IN CRL OP(MD) No.3570 of 2021 Date :08/03/2021 TK/PN/SAR.1/08.03.2021/3P/6C 3/3