Rajmaideen @ Pothappa v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13/05/2021 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN Rajamaideen @ Pothappa ... Petitioner/Accused No.2 Vs State Rep.by The Inspector of Police, S.S.Colony Police Station, Madurai District.
(In Crime No.153 of 2021) ... Respondent/Complainant For Petitioner : Mr.R.Karunanidhi, Advocate.
For Respondent : Mr.R.Srinivasan, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- For Bail in Crime No.153 of 2021 on the file of the Respondent police.
ORDER : The Court made the following order :- The petitioner, who was arrested on 04.03.2021 for the offences punishable under Section 302 IPC in Crime No.153 of 2021 on the file of the respondent police, seeks bail.
2.The case of the prosecution is that due to previous motive, the petitioner and other accused said to have attacked the deceased. 3.The learned counsel for the petitioner would submit that the petitioner has been falsely implicated in this case and there is no specific overt act against the petitioner in FIR. He would further submit that the petitioner is in judicial custody from 04.03.2021, hence he may be granted bail.
4.The learned Government Advocate(Crl.Side) appearing for the respondent would submit that investigation in this case is still pending.
5.Considering the facts and circumstances of the case and also considering the period of incarceration, this Court is inclined to grant bail to the petitioner.
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6.Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties each for a like sum to the satisfaction of the Judicial Magistrate Court No.V, Madurai, Madurai District and on further conditions that:
[a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar cards or Bank pass Books to ensure their identity. [b]the petitioner is directed to deposit a sum of Rs.2,000/- (Rupees Two Thousand only) to the credit of IOB, Secretariat Branch, Chennai-9 (Account No.11720 10000 00070, IFSC Code: IOBA0001172), within a period of two weeks without prejudice to his rights and contentions before the trial Court;
[c] the petitioner shall report before the respondent police as and when required for interrogation.
[d]the petitioner shall not abscond either during investigation or trial.
[e]the petitioner shall not tamper with evidence or witness either during investigation or trial.
[f]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]. [g]If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
sd/- 13/05/2021 / 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.
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TO
1. THE JUDICIAL MAGISTRATE NO.V, MADURAI, MADURAI DISTRICT.
2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.
3. THE SUPERINTENDENT,CENTRAL JAIL, MADURAI.
4. THE INSPECTOR OF POLICE, S.S.COLONY POLICE STATION, MADURAI DISTRICT.
5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
COPY TO:
THE MANAGER, IOB, SECRETARIAT BRANCH, CHENNAI-9 +1 CC to M/s.R.KARUNANIDHI, Advocate ( SR-3694[I] dated 13/05/2021 )
ORDER
IN CRL OP(MD) No.6721 of 2021 Date :13/05/2021 GNS MS/PN/SAR-3/13.05.2021/3P.8C 3/3