Madras High CourtCRL OP(MD)/7358/2024granted

Ranjith @ Ranjith Singh v. The Inspector Of Police

2024-05-22Honourable Mrs Justice S.Srimathy5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22.05.2024 PRESENT The Hon`ble Mrs.Justice S.SRIMATHY CRL OP(MD). Nos.7358 and 7432 of 2024 Ranjith @ Ranjith Singh ... Petitioner/Accused No.2 versus The Inspector of Police, Perumalpuram Police Station, Tirunelveli District.

(Crime No.217 of 2024) ... Respondent/Complainant For Petitioner :

Mr.G.Thalaimutharasu, 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.217/2024 on the file of the Respondent Police. Crl.O.P.(MD)No.7432 of 2024

1. Parthasarathi @ Sarathi

2. Sudalai ... Petitioners/Accused No.3 & 4 versus The Inspector of Police, Perumalpuram Police Station, Tirunelveli District.

(Crime No.217/2024) ... Respondent/Complainant For Petitioners :

Mr.T.Lenin Kumar, Advocate For Respondent :

Mr.A.Thiruvadi Kumar, Additional Public Prosecutor 1/5

PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.217/2024 on the file of the Respondent Police. COMMON ORDER : The Court made the following order :- The petitioners /A2 to A4, who were arrested and remanded to judicial custody on 01.05.2024 for the offences under Sections 294(b), 323, 387, 364(A), 342, 506(ii) IPC, in Crime No.217 of 2024 on the file of the respondent police, seek bail.

2. The case of the prosecution is that the defacto complainant, who is the resident of Salem, is doing business and he is the friend of A5 through Facebook and he has also sent a sum of Rs.2,000/- and 3,000/- to her. Subsequently, she asked the defacto complainant to come to Tirunelveli to meet her in person. On 29.04.2024, the defacto complainant went to Tiruneveli and when he went to the house of A5, at that time, other accused came there and threatened him by showing knife and snatched a gold ring and a gikd chain from him and sent Rs.75,000/- to the account of A5. Subsequently, they kidnapped him in a Car, obtained signatures in cheques and withdrawn Rs.60,000/- in the ATM of HDFC bank, then, they detained in the house at Poonakudi and demanded Rs.10,00,000/- and withdrawn the same from the HDFC Bank and left him on the way to Poonakudi. Hence, the case.

3. The learned counsel appearing for the petitioners submits that the petitioners are innocent persons and they have not committed any offence as alleged by the 2/5

prosecution. However, they are languishing in jail from 01.05.2024. Hence, he prays for grant of bail to the petitioners.

4. The learned Additional Public Prosecutor opposes for grant of bail on the ground that the investigation is yet to be completed. He further submits that the respondent Police has recovered only a sum of Rs.10,00,000/- from the accused. The gold chain and ring are yet to be recovered from the accused persons.

5. Considering the facts and circumstances of the case and also taking note of the period of incarceration and also considering the fact that Rs.10,00,000/- has been recovered from the accused, this court is inclined to grant bail to the petitioners. 6.Accordingly, these Criminal Original Petitions are ordered and the petitioners are ordered to be released on bail a) on the petitioners executing a bond for a sum of Rs.10,000/-(Rupees Ten Thousand)each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Tirunelveli, and also on payment of Rs.50,000/- (Rupees fifty thousand) each, to the credit of Crime No.217 of 2024 on the file the learned Judicial Magistrate No.I, Tirunelveli, without prejudice to their rights and contentions before the trial Court.

[b] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass 3/5

Book to ensure their identity.

[c] the petitioners shall report before the respondent Police daily at 10.30 a.m. until further orders.

[d] the petitioners shall not abscond either during investigation or trial. [e] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[f] 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]. [g] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

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

ogy 4/5

TO 1 THE JUDICIAL MAGISTRATE NO.I, TIRUNELVELI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3 THE INSPECTOR OF POLICE, PERUMALPURAM POLICE STATION, TIRUNELVELI DISTRICT.

4 THE SUPERINTEDENT, CENTRAL PRISON, PALAYAMKOTTAI, TIRUNELVELI DISTRICT.

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

+1 CC to M/s.A.S.VAIGUNTH, Advocate ( SR-5641[I] dated 22/05/2024 ) +1 CC to M/s.T.LENIN KUMAR, Advocate ( SR-5580[I] dated 22/05/2024 )

ORDER

IN CRL OP(MD). Nos.7358 and 7432 of 2024 Date :22/05/2024 RS//SAR-(22.05.2024) 5P 8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5