Kumaravel v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/05/2024 PRESENT The Hon`ble Mrs.Justice S.SRIMATHY

1. Kumaravel

2. Kamal ... Petitioners/Accused 1 & 2 Vs The Inspector of Police, Thogur Police Station, Thanjavur District.

Crime No.106/2024 ... Respondent/Complainant For Petitioners :

Mr.A.Sivasubramanian, Advocate For Respondent :

Mr.A.Thiruvadi Kumar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No. 106/2024 on the file of the respondent police. ORDER : The Court made the following order :- The petitioners who were arrested and remanded to judicial custody on 07.04.2024 for the offence punishable under Sections 392, 397 of IPC, in Crime No. 106 of 2024, on the file of the respondent police, seeks bail. 1/4

2. The case of the prosecution is that on 07.04.2024 the accused persons robbed cash of Rs.1,000/- from the defacto complainant. Hence, the case. 3.The learned counsel appearing for the petitioners would submit that the petitioners are innocent and not committed any offence as alleged by the prosecution. The petitioners are in custody from 07.04.2024. Hence, prays to release them on bail. 4.The learned Additional Public Prosecutor appearing for the respondent would submit that in this case, the accused persons have robbed a sum of Rs.1,000/- from the defacto complainant. The petitioners are having previous cases at their credit.

5.Considering the facts and circumstances of the case, nature of offence and also taking note of the period of incarceration, this Court is inclined to grant bail to the petitioners with some stringent conditions.

6.Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten thousand only) each with two sureties, each for a like sum to the satisfaction of learned Judicial Magistrate, Thiruvaiyaru and on further conditions that:- a) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; 2/4

b) the petitioners shall stay at Virudhunagar District and report before the Virudhunagar Town Police Station daily at 10.30 a.m, until further orders; c) the petitioners shall not abscond either during investigation or trial; d) the petitioners shall not tamper with evidence or witness either during investigation or trial;

e) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners are 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];

f) If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 22/05/2024 / TRUE COPY / 23/05/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

PNM 3/4

TO 1 THE JUDICIAL MAGISTRATE, THIRUVAIYARU.

2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

3 THE OFFICER INCHARGE, DISTRICT PRISON, PUDUKKOTTAI. 4 THE INSPECTOR OF POLICE, THOGUR POLICE STATION, THANJAVUR DISTRICT.

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

COPY TO THE INSPECTOR OF POLICE VIRUDHUNAGAR TOWN POLICE STATION, VIRUDHUNAGAR DISTRICT.

ORDER

IN CRL OP(MD) No.6703 of 2024 Date :22/05/2024 RS//SAR-(23.05.2024) 4P 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4