T.Sathiyagirinathan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23.04.2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI T.Sathiyagirinathan ... Petitioner/Sole Accused
Versus
The State Rep. by The Inspector of Police, Karaikudi North Police Station, Sivagangai District.
... Respondent/Complainant For Petitioner : Mr.S.Arunnithy,Advocate For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- For Bail in Crime No.77 of 2024 on the file of the Respondent Police. ORDER : The Court made the following order :- The respondent police registered a case as against this petitioner in Crime No.77 of 2024 for the offence under Sections 406, 420, 294(b) and 506(i) IPC and remanded him into judicial custody on 07.03.2024. Therefore, the petitioner has filed this 1/4
petition seeking bail.
2. The case of the prosecution is that the petitioner has received a sum of Rs.13,00,000/- from the defacto complainant by assuring that he would arrange a job in abroad for him.
3. The learned counsel for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. However, he is languishing in jail from 07.03.2024.
4. The learned Additional Public Prosecutor appearing for the respondent opposes for grant of bail on the ground that the investigation is yet to be completed. He further submits that a sum of Rs.3 lakh has been deposited in the petitioner's bank account. This is the second bail application and considering the fact that the amount has been deposited in the petitioner's bank account, the earlier bail application was dismissed by this Court on 12.04.2024 in Crl.O.P.(MD)No.5326 of 2024.
5. The learned counsel appearing for the petitioner disputes the same and by referring the bank statement of the petitioner, submits that there is no deposit of amount by the defacto complainant in the petitioner's bank account. Therefore, he prays for grant of bail to the petitioner.
6. Considering the nature of offence and also considering the period of incarceration, this Court is inclined to grant bail to the petitioner. 2/4
7. Accordingly, this Criminal Original Petition is ordered and the petitioner is ordered to be released on bail i) on the petitioner executing a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Karaikudi.
ii) The petitioner and the sureties shall submit a copy of their Aadhaar Card or any other identity card issued by the government in proof of their residence address; iii) The petitioner shall appear before the respondent police daily at 10.30 a.m. until further orders. He has to co-operate for the investigation. iv) The petitioner shall not misuse the liberty granted to him by indulging in any further offence and shall not tamper with the prosecution witnesses. He shall be available for the trial as well.
v) On violation of any of the above conditions by the petitioner, the respondent police shall move an application for cancellation of the bail. sd/- 23/04/2024 / TRUE COPY / 23/04/2024 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
OGY 3/4
TO THE JUDICIAL MAGISTRATE,KARAIKUDI.
DO THROUGH:
THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT. THE INSPECTOR OF POLICE KARAIKUDI NORTH POLICE STATION,SIVAGANGAI DISTRICT, THE OFFICER INCHARGE,DISTRICT JAIL, RAMANATHAPURAM THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.S.ARUNNITHY, Advocate ( SR-4706[I] dated 23/04/2024 )
ORDER
IN CRL OP(MD) No.6266 of 2024 Date :23/04/2024 PKP/23.04.2024/ 4P/ 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4