Arunkumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/04/2024 PRESENT THE HON`BLE MR.JUSTICE B.PUGALENDHI Arunkumar ... Petitioner/Accused No.1 Vs The Inspector of Police, Virudhunagar Rural Police Station, Virudhunagar District.

(Crime No.51/2024).

... Respondent/Complainant For Petitioner :

Mr. S.Muniyandi, Advocate.

For Respondent :

Mr.T.Senthilkumar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.51/2024 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner, who was arrested on 11.03.2024 for the alleged offence under Sections 397, 448, 427 and 506(ii) IPC in Crime No.51 of 2024 on the file of the respondent police, seeks bail.

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2.The case of the prosecution is that the petitioner along with other accused persons have entered into the defacto complainant's home and robbed a sum of Rs.5000/- and damaged the house hold appliances and threatened him with dire consequences.

3.The learned counsel for the petitioner submits that the name of the petitioner was not found in the First Information Report. Based on the confession statement of the co-accused, the petitioner was implicated in this case and except the confession statement of the co-accused, no other material is available as against this petitioner. He is an innocent and he has not committed any offence as alleged by the prosecution and in order to show his bonafide, the petitioner is prepared to deposit a sum of Rs.10,000/- before the concerned Magistrate Court to the credit of Crime No.51 of 2024. He is languishing in jail from 11.03.2024. 4.The learned Additional Public Prosecutor appearing for the respondent objects for grant of bail that the petitioner is having three previous cases pending as against him.

5. Considering the facts and circumstances of this case and considering that the petitioner is prepared to deposit a sum of Rs.10,000/- to the credit of Crime No.51 of 2024 and considering the period of incarceration, this Court is inclined to grant bail to the petitioner.

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6. Accordingly, this Criminal Original Petition is ordered and the petitioner is ordered to be released on bail on the following conditions:- i) The petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Virudhunagar.

ii)The petitioner shall deposit a sum of Rs.10,000/-, before the concerned Judicial Magistrate Court to the credit of Crime No.51 of 2024.

iii) The petitioner and the sureties shall submit a copy of their Aadhaar Card or any other identity card issued by the Government in proof of their residence address;

iv) The petitioner shall report before the respondent police daily at 10.30 a.m and 5.00 p.m until further orders. v) The petitioner shall not misuse the liberty granted to him by indulging in any further offence and shall not tamper with the prosecution witnesses. The petitioner shall be available for the trial as well.

vi) On violation of any of the above conditions by the petitioner, 3/5

the respondent police shall move an application for cancellation of the bail.

sd/- 10/04/2024 / TRUE COPY / 10/04/2024 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.

VRN To 1.The Judicial Magistrate No.II, Virudhunagar.

2.Do through the Chief Judicial Magistrate, Virudhunagar District.

3.The Inspector of Police, Virudhunagar Rural Police Station, Virudhunagar District.

4.The Officer Incharge, District Prison, Virudhunagar.

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

+1 CC to M/s.S.MUNIYANDI, Advocate ( SR-4300[I] dated 10/04/2024 ) 4/5

ORDER

IN CRL OP(MD) No.5081 of 2024 Date :10/04/2024 ED/ /SAR- (10/04/2024) 5P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5