Darvin Bosco @ Tervin Bosco v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/05/2022 PRESENT The Hon`ble Mr.Justice M.S.RAMESH Darvin Bosco @ Tervin Bosco ... Petitioner/Accused No.6 Vs State Rep.by The Inspector of Police, District Crime Branch, Thoothukudi, Thoothukudi District.

(Cr.No.9/22) ... Respondent/Complainant For Petitioner : Mr.K.K.Ramakrishnan, Advocate.

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

PRAYER :- For Bail in Crime No.9 of 2022 on the file of the respondent police ORDER : The Court made the following order :- The petitioner/accused No.6, who was arrested and remanded to judicial custody on 30.03.2022 for the offences punishable under Sections 406, 409, 467, 468, 471, 472, 420 & 120(B) IPC in Crime No.9 of 2022, on the file of the respondent police, seeks bail. 2.Heard the learned Counsel for the petitioner and the learned Counsel for the Government (Crl.Side) for the respondent. 3.The petitioner claims to be the attesting witness and no way involved in the alleged forgery.

4.Taking into consideration the same and also the fact that the petitioner is in judicial custody from 30.03.2022 onwards, this Court is inclined to grant bail to the petitioner. 1/3

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.IV, Thoothukudi. (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/- 06/05/2022 / TRUE COPY / 06/05/2022 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.

TO 1 THE JUDICIAL MAGISTRATE NO.IV, THOOTHUKUDI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT.

3 THE OFFICER INCHARGE, DISTRICT JAIL, PERURANI, THOOTHUKUDI DISTRICT.

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4 THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, THOOTHUKUDI, THOOTHUKUDI DISTRICT.

5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.K.K.RAMAKRISHNAN, Advocate ( SR-4463[I] dated 06/05/2022 )

ORDER

IN CRL OP(MD) No.8583 of 2022 Date :06/05/2022 SA/PN/SAR.4 (06.05.2022) 3P-7C 3/3