K.Gowtham v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Eighth day of April Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice B.PUGALENDHI K.GOWTHAM ... PETITIONER/ACCUSED NO.5 Vs THE INSPECTOR OF POLICE SAYALKUDI POLICE STATION, RAMANATHAPURAM DISTRICT.
CRIME NO.70/2024.
... RESPONDENT/COMPLAINANT For Petitioner :
M/S.K.PALMURUGAN, Advocate For Respondent :
MR.T.SENTHIL KUMAR, Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C.
PRAYER : FOR BAIL IN CRIME NO.70 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.70 of 2024 for the offence under Sections 387 and 506(ii) IPC altered into Sections 395 and 506(ii) IPC and remanded him into judicial custody on 08.03.2024. Therefore, the petitioner has filed this petition seeking bail.
2. The petitioner herein is arrayed as A5. The defacto complainant was in touch with A4 through mobile phone. On the date of occurrence, i.e. on 02.03.2024, A4 1/4
wanted to meet the defacto complainant. Therefore, the defacto complainant came to the place of occurrence to meet A4, at that time, the petitioner and other accused persons threatened him and robbed 1 1⁄2 sovereigns of gold chain, ring and a mobile phone. Hence, the complainant.
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 08.03.2024.
4. The learned Additional Public Prosecutor appearing for the respondent opposes for grant of bail on the ground that the investigation is yet to be completed. However, he fairly submits that the petitioner is not having any previous case.
5. Considering the nature of offence, the period of incarceration and also considering the fact that the petitioner is not having any previous case, 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 District Munsif cum Judicial Magistrate, Kadaladi, Ramanathapuram District. 2/4
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; iii) The petitioner shall appear before the respondent police daily at 10.30 a.m. until further orders. He 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. He 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/- 08/04/2024 / TRUE COPY / 08/04/2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.
OGY TO 1 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, KADALADI, RAMANATHAPURAM DISTRICT.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.
3 THE INSPECTOR OF POLICE SAYALKUDI POLICE STATION, RAMANATHAPURAM DISTRICT. 3/4
4 THE OFFICER INCHARGE, DISTRICT JAIL, RAMANATHAPURAM. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.K.PALMURUGAN, Advocate ( SR-4279[I] dated 08/04/2024 )
ORDER
IN Date :08/04/2024 RS//SAR-(08.04.2024) 4P 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4