← Library
Madras High CourtCRL OP(MD)/8538/2022granted

Sundhar v. The Sub Inspector Of Police

2022-05-05Honourable Mr Justice G.Ilangovan2 pages

CRL OP(MD). No.8538 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/05/2022 PRESENT The Hon`ble Mr.Justice M.S.RAMESH CRL OP(MD). No.8538 of 2022 Sundhar ... Petitioner/Accused No.18 Vs State Rep.by The Sub Inspector of Police, District Crime Police Station, Sivagangai District.

(Crime No.05/2022).

... Respondent/Complainant For Petitioner : M/s.Vijay Nivas SP, Advocate.

For Respondent : M.Muthumanikkam, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For bail in Crime no.05/2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/accused No.18, who was arrested and remanded to judicial custody on 09.04.2022 for the offences punishable under Sections 406, 468, 471, 420, 120B and 506(1) of IPC in Crime No.5 of 2022, on the file of the respondent police, seeks bail. 2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent. 3.The main allegation against the accused Nos.1 to 4 is that they have been running a finance business. The only overt act attributed against the petitioner is that there was some money transaction from his bank account.

4.Since the main complaint is against the accused Nos.1 to 4 and the petitioner herein was only a driver, taking into account that he has been in judicial custody from 09.04.2022, this Court is inclined to grant bail to the petitioner.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.8538 of 2022 5.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 No.II, Sivagangai. (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 cards or Bank Pass Books to ensure their identity;

(ii)the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of one (1) month and thereafter, as and when required for interrogation;

(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]. sd/- 05/05/2022 / TRUE COPY / 05/05/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE NO.II, SIVAGANGAI.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.

3. THE SUB INSPECTOR OF POLICE, DISTRICT CRIME POLICE STATION, SIVAGANGAI DISTRICT.

4. THE OFFICER INCHARGE,SUB JAIL, SIVAGANGAI.

5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.SP.VIJAY NIVAS, Advocate (SR-4304[I] dated 05/05/2022 )

ORDER

IN CRL OP(MD) No.8538 of 2022 Date :05/05/2022 MYR/SM MS/GSV/SAR-3/05.05.2022/2P.7C https://hcservices.ecourts.gov.in/hcservices/ 2/2