Veeramani v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17/04/2021 PRESENT The Hon`ble Mr.Justice G.CHANDRASEKHARAN Veeramani ... Petitioner/Accused No.3 Vs State Rep.by The Inspector of Police, Nilakottai Police Station.
Crime No.72/2021.
... Respondent/Complainant For Petitioner : M/s.C.Manivannan, Advocate.
For Respondent : Ms.R.Anandhadevi, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- For Bail in Crime No. 72/2021 on the file of the respondent Police.
ORDER : The Court made the following order :- The petitioner/A3, who was arrested and remanded to judicial custody on 23.02.2021 for the offence punishable under Section 397 of IPC on the file of the respondent police in Crime No. 72 of 2021 seeks bail.
2.The case of the prosecution is that the petitioner along with other accused said to have stolen paint tins from the lorry of the defacto complainant worth about Rs.20,000/- and fled away from the scene of occurrence. Hence the complaint.
3.The learned counsel for the petitioner would submit that the petitioner is no way connected with the alleged occurrence and he has been falsely implicated in this case. He would also submit that A2 and A5 were released on bail by the learned Principal Sessions Judge, Dindigul in Crl.M.P.No.1284 of 2021 on 30.03.2021 and A6 was released on bail by this Court in Crl.O.P(MD) No.4377 of 2021 on 22.03.2021, hence he seeks bail.
4. The learned Government Advocate(Crl.Side) would submit that investigation in this case is completed and the final report has 1/3
been filed before the concerned Court. She also concedes that A2, A5 and A6 were released on bail.
5. Taking note of the above facts and circumstances of the case; the period of incarceration ; the fact that investigation in this case is completed and the final report has been filed before the concerned Court and also the fact that the co-accused in this were granted bail by this Court and the District Court, 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, Nilakottai 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 report before the respondent police 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/- 17/04/2021 / 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. 2/3
TO
1. THE JUDICIAL MAGISTRATE, NILAKOTTAI.
2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT.
3. THE SUPERINTENDENT,CENTRAL PRISON, MADURAI.
4. THE INSPECTOR OF POLICE, NILAKOTTAI POLICE STATION.
5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.5273 of 2021 Date :17/04/2021 AAV MS/PN/SAR-2/17.04.2021/3P.6C 3/3