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Madras High CourtCRL OP(MD)/6614/2024ordered

Raju v. The Sub Inspector Of Police

2024-04-29Honourable Mr Justice B.Pugalendhi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/04/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Raju ... Petitioner/Sole Accused Vs The Sub Inspector of Police, Eraniel Police Station, Kanyakumari District.

Crime No. 93 of 2024.

... Respondent/Complainant For Petitioner : M/s.Appaji.C.K.M, Advocate.

For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PRAYER :- For Bail in Crime No. 93 of 2024 on the file of the respondent police. 1/5

ORDER : The Court made the following order :- The respondent police registered a case as against this petitioner in Crime No.93 of 2024 for the offence under Section 406 and 420 I.P.C and remanded him into judicial custody on 08.03.2024. Therefore, the petitioner has filed this petition seeking bail.

2. The case of the prosecution is that the petitioner abused the defacto complainant in filthy language and also cheated him.

3. The learned counsel for the petitioner submits that the petitioner is an innocent person and she has not committed any offence as alleged by the prosecution. However, he is languishing in Jail from 08.03.2024.

4. The learned Additional Public Prosecutor appearing for the respondent opposes for grant of bail on the ground that the investigation is pending.

5. Considering the nature of offence and also considering the period of incarceration, this Court is inclined to grant bail to the petitioner. 2/5

6. Accordingly, this Criminal Original Petition is ordered and the petitioner is ordered to be released on bail with the following conditions: 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, Eraniel 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. for a period of two weeks and thereafter, as and when required by the respondent police. 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. She shall be available for the trial as well. 3/5

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/- 29/04/2024 / TRUE COPY / 29/04/2024 Sub-Assistant Registrar (CS -II ) Madurai Bench of Madras High Court, Madurai - 625 023.

LS TO 1.THE JUDICIAL MAGISTRATE, ERANIEL.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI @ NAGERCOIL.

3.THE SUB JAIL, NAGERCOIL, KANYAKUMARI DISTRICT.

4.THE SUB INSPECTOR OF POLICE, ERANIEL POLICE STATION, KANYAKUMARI DISTRICT.

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

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ORDER

IN CRL OP(MD) No.6614 of 2024 Date :29/04/2024 RK/(29/04/2024) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5