Madras High CourtCRL OP(MD)/5213/2024ordered

Kumar v. The Inspector Of Police

2024-04-22Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/04/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Kumar, ... Petitioner/Accused 3 Vs The Inspector of Police, Kalaiyarkovil Police Station, Sivagangai District.

(Crime No.49 of 2024) ... Respondent/Complainant For Petitioner : M/s.VARADHARAJAN.V, Advocate.

For Respondent : Mr.T.SENTHIL KUMAR, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.49 of 2024 on the file of the Respondent Police. ORDER : The Court made the following order :- The respondent police registered a case as against this petitioner in Crime No.49 of 2024 for the offence under Sections 457, 397 altered into Sections 457, 397, 120B, 411 I.P.C and remanded him into judicial custody on 26.02.2024. Therefore, the petitioner has filed this petition seeking bail.

2. The case of the prosecution is that the petitioner has received the stolen 1/4

property from the other accused.

3. The learned counsel for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. However, he is languishing in Jail from 26.02.2024.

4. The learned Additional Public Prosecutor appearing for the respondent opposes for grant of bail on the ground that the petitioner is involved in similar case and the investigation is pending. He further submits that the recovery of the stolen articles only from the first accused and the petitioner is arrayed as A3 in this case.

5. Considering the nature of allegation as against the petitioner and also considering the period of incarceration, this Court is inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition is ordered and the petitioner is ordered to be released on bail i) on the petitioner executing 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.I, Sivagangai. ii) 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;

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iii) The petitioner shall appear before the respondent police daily at 10.30 a.m. for a period of three weeks and thereafter, as and when required for interrogation. She has to co-operate for the investigation. iv) The petitioner shall not misuse the liberty granted to him by indulging in any further offence and shall not tamper with the prosecution witnesses. She shall be available for the trial as well. v) On violation of any of the above conditions by the petitioner, the respondent police shall move an application for cancellation of the bail.

sd/- 22/04/2024 / TRUE COPY / 22/04/2024 Sub-Assistant Registrar ( Vigilance ) Madurai Bench of Madras High Court, Madurai - 625 023.

LS TO 1 THE JUDICIAL MAGISTRATE NO.I, SIVAGANGAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.

3 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

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4 THE INSPECTOR OF POLICE, KALAIYARKOVIL POLICE STATION, SIVAGANGAI DISTRICT.

5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.V.VARADHARAJAN, Advocate ( SR-4676[I] dated 22/04/2024 ) ORDER IN CRL OP(MD) No.5213 of 2024 Date :22/04/2024 SA/SAR. /22.04.2024/4P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4