Tamil @ Tamilarasan 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.8703 of 2022 Tamil@ Tamilarasan ... Petitioner/Accused No.A9 Vs The State Rep.by The Inspector of Police, Swamimalai Police Station Thanjavur District (Crime No.157 of 2008).

... Respondent/Complainant For Petitioner : Mr.K.M.Karunakaran, Advocate.

For Respondent : Mr.A.Thiruvadikumar, Additional Public Prosecutor.

PETITION FOR BAIL Under Section 439 of Cr.P.C. PRAYER :- For Bail in Crime No.157 of 2008 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/A9, who was arrested and remanded judicial custody on 11.01.2022 for the offences punishable under Sections 120(B),397,506(ii) of IPC in Crime No.157 of 2008, on the file of the respondent police, seeks bail.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the State.

3. The offence as against the petitioner are under Sections 120 (B),397,506(ii) of IPC. Non Bailable Warrant came to be issued on 28.12.2020 and subsequently the petitioner was arrested only on 11.01.2022.

4. During the period, when the petitioner was absconding, there was Covid- 19 pandemic situation and consequential lock down. By taking this into account, this Court is of the view that some leniency could be shown to the petitioner and accordingly bail may be granted.

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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, Kumbakonam. (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.

TO

1. The Judicial Magistrate No.II, Kumbakonam.

2. Do through the Chief Judicial Magistrate, Thanjavur at Kumbakonam

3. The Superintendent, Central Prison, Puducherry.

4. The Inspector of Police, Swamimalai Police Station Thanjavur District.

5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

CRL OP(MD) No.8703 of 2022 Date :05/05/2022 MGJ/JM/SAR 3(05.05.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/