Muneeshwaran 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.8801 OF 2022 MUNEESHWARAN, ... PETITIONER/ACCUSED NO.5 VS THE STATE REPRESENTED BY THE INSPECTOR OF POLICE, THANJAVUR TALUKA POLICE STATION, THANJAVUR DISTRICT.

(CRIME NO. 243 OF 2022.) ... RESPONDENT/COMPLAINANT FOR PETITIONER : M/S.PREETHI.M 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.243 of 2022 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/accused No.5, who was arrested and remanded to judicial custody on 12.04.2022 for the offences punishable under Sections 399 @ 399 and 420 of IPC in Crime No.243 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 allegation attributed against the accused is that they were preparing to commit dacoity with deadly weapons. Pursuant to the registration of the complaint, the respondent police has recovered the deadly weapons.

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4.Taking into account that the petitioner has been in judicial custody from 12.04.2022 and considering the fact that the respondent police has recovered the deadly weapons, this Court is inclined to grant bail to the petitioner.

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, 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 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.

MYR / SM TO 1.THE JUDICIAL MAGISTRATE NO.II, THANJAVUR DISTRICT.

2. DO THROUGH THE CHIEF JUDICIAL MAGISTRATE THANJAVUR DISTRICT @ KUMBAKONAM.

3.THE SUPERINTENDENT, CENTRAL JAIL, TRICHY.

4.THE INSPECTOR OF POLICE, THANJAVUR TALUKA POLICE STATION, THANJAVUR DISTRICT.

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

+1cc to M/S.B.MAHENDRARAJAN,Advocate, SR.No. 4400 DATED;06.05.2022

ORDER

IN CRL OP(MD) No.8801 of 2022 Date : 05/05/2022 GC/VRS(SAR-3(05.05.2022) 3P 7C 3/3