Viji @ Vijyavenkadesh v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/04/2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR Viji @ Vijayvenkadesh ... Petitioner/Accused No.1 Vs The State by, The Inspector of Police, Karaikudi North Police Station, Sivagangai District.
(Crime No.66 of 2022).
... Respondent/Complainant For Petitioner : Mr.A.Joseph Jerry, Advocate.
For Respondent : Mr.M.Muthumanikkam, Government Advocate (Crl. Side).
PETITION FOR BAIL Under Section 439 of Cr.P.C. PRAYER :- For Bail in Crime No.66 of 2022 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioner/A.1, who was arrested and remanded to judicial custody on 21.03.2022 for the offences punishable under Sections 336 IPC and 25(1A) of Arms Act, 1959, in Crime No.66 of 2022, on the file of the respondent police, seeks bail.
2.The case of the prosecution is that on 21.03.2022 at about 07.00 a.m., the petitioner along with other accused had threatened the public by using deadly weapons. Hence, the complaint. 3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution. He would further submit that the coaccused were already arrested and released on bail. 4.The learned Government Advocate (Criminal Side) would submit that the petitioner is having 11 previous cases including murder case.
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5.Considering the nature of the charges levelled against the petitioner and also the facts that the petitioner is in judicial custody from 21.03.2022 and that the co-accused were already released on bail, this Court is inclined to grant bail to the petitioner subject to the following conditions: 6.Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Karaikudi, Sivagangai District.
(i)the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity;
(ii)the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders;
(iii)the petitioner shall not tamper with evidence or witness; (iv)the petitioner shall not abscond during trial; (v)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]. (vi)If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.
sd/- 29/04/2022 / TRUE COPY / 29/04/2022 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, KARAIKUDI, SIVAGANGAI DISTRICT.
2. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.
3. THE INSPECTOR OF POLICE, KARAIKUDI NORTH POLICE STATION, SIVAGANGAI DISTRICT.
4. THE OFFICER-INCHARGE, SUB JAIL, THIRUPATHUR.
5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.A.JOSEPH JERRY, Advocate ( SR-4207[I] dated 29/04/2022 )
ORDER
IN CRL OP(MD) No.8385 of 2022 Date :29/04/2022 CSM USK/VR/SAR-III/29.04.2022/3P/7C 3/3