Kannan v. The Inspector Of Police
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.8568 OF 2022
1. KANNAN,
2. VEERASAMY, ... PETITIONERS/ACCUSED NO. 2 & 3 VS THE STATE REPRESENTED BY THE INSPECTOR OF POLICE, VALLAM POLICE STATION, THANJAVUR DISTRICT.
(CRIME.NO.233 OF 2022.) ... RESPONDENT/COMPLAINANT FOR PETITIONERS : M/S. ARUN PRASAD A, ADVOCATE.
FOR RESPONDENT : MR.A.THIRUVADIKUMAR, ADDITIONAL PUBLIC PROSECUTOR PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- For Bail in Crime No.233 of 2022 on the file of the Respondent police.
ORDER : The Court made the following order :- The petitioners/A2 and A3, who were arrested and remanded to judicial custody on 24.04.2022 for the offences punishable under Sections 4(1)(a) and 4(1-A) of TNP Act in Crime No.233 of 2022, on the file of the respondent police, seek bail. 2.Heard the learned counsel appearing for the petitioners and the learned Additional Public Prosecutor appearing for the respondent.
3.The petitioners herein are the accused 2 and 3 in Crime No.233 of 2022 for the offences under Sections 4(1)(a) and 4(1-A) of TNP Act. The first accused is said to have been released on bail. The overt acts insofar as the first accused and the present 1/3
petitioners are one and the same. Thus, this Court is inclined to grant bail to the present petitioners also.
4.Accordingly, the petitioners are ordered to be released on bail on their executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Thanjavur.
(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 petitioners shall report before the respondent police daily at 10.30 a.m., for a period of one month and thereafter as and when required for interrogation;
(iii)the petitioners shall not tamper with evidence or witness; (iv)the petitioners 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 petitioners, in accordance with law, as if the conditions have been imposed and the petitioners 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.
SJI/LM 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.
TO 1.THE JUDICIAL MAGISTRATE NO.II, THANJAVUR.
2.DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT @ KUMBAKONAM.
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3.THE OFFICER INCHARGE, SUB JAIL, THANJAVUR.
4.THE INSPECTOR OF POLICE, VALLAM POLICE STATION, THANJAVUR DISTRICT.
5.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.8568 of 2022 Date : 05/05/2022 GC/VRS/SAR-3(05.05.2022) 3P 6C 3/3