Ganasekar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/06/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Ganasekar, ... Petitioner/Accused 3 Vs The Inspector of Police, Palakkarai Police Station, Trichy District.

Crime No.292/2024.

... Respondent/Complainant For Petitioner : Mr.R.ALAGUMANI, 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.292/2024 on the file of the respondent police ORDER : The Court made the following order :- The petitioner/A3, who was arrested on 21.05.2024 in connection with the offence under Sections 294(b), 392 and 397 of IPC r/w Sections 5 and 7(3) of Tamil Nadu Lotteries Regulation Act, in Crime No.292 of 2024 on the file of the respondent police, seeks bail.

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2.The case of the prosecution is that on 20.05.2024, the petitioner along with the other accused persons are said to have snatched the motorcycle of the defacto complainant with the motive that he had taken photos of the petitioner and other accused selling other State lotteries. Hence, the case. 3.The learned counsel appearing for the petitioner submits that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution and he is languishing in jail from 21.05.2024.

4.The learned Additional Public Prosecutor for the respondent has raised serious objections that apart from this case, the petitioner has also involved in three previous cases of similar nature.

5.Taking into consideration of the facts and circumstances of the case and also the period of incarceration, this Court is inclined to grant bail to the petitioner on stringent conditions.

6.Accordingly, this Criminal Original Petition is ordered and the petitioner is ordered to be released on bail on the following conditions:- i) The petitioner shall execute 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 No.V, Trichy; ii) The petitioner and the sureties shall submit a copy of their 2/4

Aadhaar Card or any other identity card issued by the Government in proof of their residence address;

iii) The petitioner shall report before the respondent police daily at 10.30 a.m. and 05.00 p.m., until further orders; 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. The petitioner 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/- 10/06/2024 / TRUE COPY / 10/06/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI TO 1 THE JUDICIAL MAGISTRATE NO.V, TRICHY.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.

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3 THE SUPERINTENDENT, TRICHY CENTRAL PRISON, TRICHY.

4 THE INSPECTOR OF POLICE, PALAKKARAI POLICE STATION, TRICHY DISTRICT.

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

+1 CC to M/s.DR.R.ALAGUMANI, Advocate ( SR-6291[I] dated 10/06/2024 ) ORDER IN CRL OP(MD) No.8410 of 2024 Date :10/06/2024 SA/SAR. /10.06.2024/4P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4