Vignesh v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/03/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN Vignesh ... Petitioner / Accused No.2 Vs The State rep by The Inspector of Police, Srirangam Police Station, Trichy District.
(Crime No.203/2023).
... Respondent / Complainant For Petitioner : M/s.Ramesh A, Advocate.
For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- For Bail in Crime No.203 of 2023 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioner/A2, who was arrested and remanded to judicial custody on 20.02.2023 for the offences punishable under Sections 392 r/w.397 of IPC in Crime No.203 of 2023 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that on 19.02.2023 the accused persons threatened the defacto complainant with knife and demanded to give money and the first accused pushed down the defacto complainant and took a sum of Rs.1000/- and cell phone from him, hence the case.
3. Heard both sides and perused the materials available on record including the First Information Report.
4. Taking into consideration the facts and submissions made by the learned counsels and also the period of incarceration this 1/3
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 blood related sureties each for a like sum to the satisfaction of the learned District Munsif cum Judicial Magistrate, Srirangam 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 stay at Theni and report before the Theni Police Station daily at 10.30 am., and 5.30 pm., for a period of four weeks and thereafter before the respondent police daily at 10.30 a.m., and 5.30 pm., until further order. [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/- 29/03/2023 / TRUE COPY / 29/03/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
AAV 2/3
To 1.The District Munsif cum Judicial Magistrate, Srirangam.
2.Do through the Chief Judicial Magistrate, Trichy District.
3.The Inspector of Police, Srirangam Police Station, Trichy District.
4.The Superintendent, Central Prison, Trichy.
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Copy to:
The Inspector of Police, Theni Police Station, Theni District.
+1cc to M/s.A.RAMESH, Advocate SR No.5194(I), dated 30.03.2023
ORDER
IN CRL OP(MD) No.5841 of 2023 Date :29/03/2023 ED/SBN/SAR- (29/03/2023) 3P 8C 3/3