Mathan @ Mathankumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/03/2024 PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD). No.3900 of 2024 Mathan @ Mathankumar, ... Petitioner/Sole Accused Vs The State Rep.by The Inspector of Police, Vellanur Police Station Pudukkottai District.

Crime No.56/2024.

... Respondent/Complainant For Petitioner : Mr.D.Rameshkumar, Advocate.

For Respondent : Mr.B.Nambiselvan, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.56/2024 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/Sole Accused, who was arrested and remanded to judicial custody on 01.03.2024, for the offences punishable under Sections 20 and 25(1)(A) of Arms Act, in Crime No.57 of 2024, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner illegally possessed two feet sword and threatened the general public. Hence, the case. 3.The learned counsel for the petitioner would submit that the petitioner did not commit any offence as alleged by the prosecution and he has been falsely implicated in the present case and the earlier criminal cases also foisted against the petitioner for opening the history sheet and he is in judicial custody since 01.03.2024. Hence, he prays for grant bail to the petitioner. 4.The learned Additional Public Prosecutor appearing for the respondent would submit that there are four previous cases pending against the petitioner and all those offences are heinous in nature and hence, he vehemently opposed to grant bail to the petitioner.

5.Heard the learned counsel on either side.

6.Considering the facts and circumstances of the case and the last case was registered against the petitioner in the year 2022 and also considering the period of incarceration suffered by the petitioner, this court is inclined to grant bail to the

petitioner with certain conditions.

7.Accordingly, this Criminal Original Petition is ordered and 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.II, Pudukkottai, and on further conditions that:

(a)the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; (b) the petitioner is directed to appear before the respondent police daily at 10.30 a.m., until further orders; (c)the petitioner shall not tamper with evidence or witness either during investigation or trial;

(d)the petitioner shall not abscond either during investigation or trial;

(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 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]; and; (f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 12/03/2024 / TRUE COPY / 12/03/2024 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI TO

1. The Judicial Magistrate No.II, Pudukkottai.

2. Do-Through The Chief Judicial Magistrate, Pudukottai District.

3. The Officer Incharge, District Prison, Pudukkottai.

4. The Inspector of Police, Vellanur Police Station Pudukkottai District.

5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.3900 of 2024 Date :12/03/2024 SSA (12.03.2024) 5P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023.