Paramaguru v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15/03/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN Paramaguru, ... Petitioner/Accused No.1 Vs State Rep.by The Inspector of Police, Palani Town Police Station, Dindigul District.

Crime No.619/2022..

... Respondent/Complainant For Petitioner : M/s.Krishnaveni P,Advocate.

For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Cr No.619/2022 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner /A1 who was arrested and remanded to judicial custody on 13.02.2023 for the offence under sections 147,448,352,380 of IPC in Crime No.619 of 2022 on the file of the respondent police seeks bail.

2. The case of the prosecution is that the defacto complainant was running a textile shop in the name of Jothi Garments at Palani for the past six years and now the shop was managed by his sister. On 28.11.2022 at midnight 12.00 clock 40 persons unlawfully assembled in front of the shop and attacked the night watchman and trespassed into the shop and stolen the garments worth about Rs.2 1/3

crores and loaded in three lorries, one TATA Ace and one omni van, hence the case.

3. Heard both sides and perused the materials available on record including the First Information Report.

4. Taking into consideration of the facts and submissions made by the learned counsels and also the period of incarceration this court is inclined to grant bail to the petitioner , subject to the following conditions:

[a] Accordingly, the petitioner is ordered to be released on bail on condition to 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 learned Judicial Magistrate, Palani and on further conditions that:

[b] 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. [c] the petitioner shall report before the respondent police daily at 10.30 A.M. and 5.30P.M., until further orders. [d] the petitioner shall not commit any offences of similar nature.

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

[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 Judicial 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/- 15/03/2023 / TRUE COPY / 15/03/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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AAV TO 1 THE JUDICIAL MAGISTRATE, PALANI.

2 DO THROUGH:

THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT.

3 THE INSPECTOR OF POLICE PALANI TOWN POLICE STATION, DINDIGUL DISTRICT.

4 THE OFFICER INCHARGE DISTRICT JAIL, DINDIGUL 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.KRISHNAVENI P, Advocate ( SR-4231[I] dated 15/03/2023 )

ORDER

IN CRL OP(MD) No.4877 of 2023 Date :15/03/2023 PKP/MMS/SAR- /15.03.2023/ 3P/7C 3/3