Balamurugan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15/04/2020 PRESENT The Hon`ble Dr.Justice G.JAYACHANDRAN CRL OP(MD). No.5209 of 2020 Balamurugan ... Petitioner/Sole Accused Vs State rep by The Inspector of Police, Nachiyarpuram Police Station, Sivagangai District, (Crime No. 18 of 2020) ... Respondent/Complainant For Petitioner : M/s.R.Chandrakumar, Advocate.

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

PRAYER :- For Bail in Crime No.18 of 2020 on the file of the Respondent Police ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioner is a sole accused. He was arrested and remanded to Judicial Custody on 24.02.2020 for the offences punishable under sections 420, 294(b), 506(i) of I.P.C., in Crime No.18 of 2020 on the file of the respondent police. He seeks bail.

3. The case of the prosecution is that the accused took the innova car bearing Reg.No.TN63 AS 6465 for two days usage from the defacto complainant

and he did not return it and stated that the case was sold. Further the petitioner abused the defacto complainant and also threatened him. Hence, the complaint.

4.Considering the facts and circumstances of the case, this Court is inclined to grant bail to the petitioner on condition that the petitioner shall deposit a sum of Rs.1,00,000/- to the credit of crime No.18 of 2020 before the learned Judicial Magistrate, Thirupathur, Sivagangai Distirct. On production of the receipt, the petitioner is ordered to be released on bail on his executing own bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) to the satisfaction of the Superintendent, Sub Jail, Thirupathur, Sivagangai Distirct and on further condition that, [a]the petitioner shall report before the respondent police for interrogation, as and when required.

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

[c] the petitioner shall not abscond either during investigation or trial.

[d] 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].

[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC. sd/- 15/04/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRARE, THIRUPATHUR, SIVAGANGAI DISTRICT 2.-DO-THRO THE CHIEF JUDICIAL MAGISTRARE SIVAGANGAI 3 THE OFFICE-IN-CHARGE, SUB JAIL, THIRUPATHUR, SIVAGANGAI DISTRICT. 4 THE INSPECTOR OF POLICE NACHIYARPURAM POLICE STATION, SIVAGANGAI DISTRICT, 5 THE ADDL. PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT MADURAI

ORDER

IN CRL OP(MD) No.5209 of 2020 Date :15/04/2020 SDS SKN SAR2/3P/5C 15/04/2020