Dheenmohamed 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.8684 OF 2022 DHEENMOHAMED, ... PETITIONER/ACCUSED NO.2 VS THE STATE REPRESENTED BY THE INSPECTOR OF POLICE, PATTUKOTTAI TOWN POLICE STATION, THANJAVUR DISTRICT.
(CRIME NO.357 OF 2022).
... RESPONDENT/COMPLAINANT FOR PETITIONER : M/S.KARUNAKARAN K M, 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.357 of 2022 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioner/A2, who was arrested and remanded to judicial custody on 01.04.2022 for the offences punishable under Sections 25 (1-A) and 27(2) of Arms Act and Sections 341, 393 and 506(ii) of IPC in Crime No.357 of 2022, on the file of the respondent police, seeks bail.
2.Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent.
3.The allegations against the petitioner and the third accused are that they were in possession of deadly weapons and therefore, the offences under Sections 25(1-A) and 27(2) of Arms Act and Sections 341, 393 and 506(ii) of IPC have been implicated against 1/3
them. The third accused is said to have been released on bail by the learned Principal Sessions Judge, Thanjavur, in Crl.M.P.No.2069 of 2022, dated 28.04.2022. Since the overt acts against the third accused and the petitioner are one and the same, this Court is inclined to grant bail to the petitioner.
4.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, Pattukottai. (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., for a period of one 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.
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, PATTUKOTTAI.
2.DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJORE DISTRICT @ KUMBAKONAM.
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3. THE OFFICER INCHARGE, DISTRICT JAIL, PUDUKOTTAI.
4. THE INSPECTOR OF POLICE, PATTUKOTTAI TOWN POLICE STATION, THANJAVUR DISTRICT.
5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.8684 of 2022 Date : 05/05/2022 GC/VRS/SAR-3(05.05.2022) 3P 6C 3/3