A.Sabitanand Saha(Sarzan), v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 11.06.2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI A.Sabitanand Saha(Sarzan) ... Petitioner/Accused No.5 Vs The Inspector of Police, CCB Madurai City, Madurai District.
(Crime No.02 of 2022) ... Respondent/Complainant For Petitioner: Mr.H.Mohamed Imran,Advocate for M/S. AJMAL ASSOCIATES 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.2 of 2022 on the file of the respondent Police. ORDER : The Court made the following order :- 1/5
The respondent police registered a case as against this petitioner in Crime No.02 of 2022 for the offence under Sections 419, 420, 465, 467, 468, 471 and 447 IPC and remanded him into judicial custody on 14.03.2024. Therefore, the petitioner has filed this petition seeking bail.
2.The case of the prosecution is that the accused persons sold the defacto complainant's property by a way of creating a forged document and also by impersonation. Hence, the case.
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. He further submits that the petitioner is languishing in jail from 26.04.2024. However, the final report has not been filed. Accordingly, he prays to grant bail to the petitioner.
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. 5.Considering the nature of offence and the period of incarceration, this Court is 2/5
inclined to grant bail to the petitioner with certain conditions. 6.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.50,000/-(Rupees Fifity Thousand) with two sureties each for a like sum to the satisfaction of the Judicial Magistrate Court No.I, Madurai.
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.
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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/- 11/06/2024 / TRUE COPY / 11/06/2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.
GNS TO THE JUDICIAL MAGISTRATE NO.I MADURAI.
DO THROUGH:
THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.
THE INSPECTOR OF POLICE CCB MADURAI CITY, MADURAI DISTRICT.
THE SUPERINTENDENT CENTRAL PRISON, MADURAI.
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THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.7538 of 2024 Date :11/06/2024 PKP/11.06.2024/ 5P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5