Boopathi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17/05/2023 PRESENT The Hon`ble Mrs.Justice T.V.THAMILSELVI Boopathi ... Petitioner/Accused No.1 Vs State Rep.by The Inspector of Police, Pudukottai Town Police Station, Pudukottai District (Crime No.416 of 2022).

... Respondent/Complainant For Petitioner : M/s.Rameshkumar.D, Advocate.

For Respondent : Mr.R.Sivakumar, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.416 of 2022 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/A1, who was arrested and remanded to judicial custody on 05.01.2023 for the offences punishable under Section 392 IPC r/w Sections 7 and 25(1-A) of Arms Act in Crime No.416 of 2022 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the petitioner and other accused waylaid the de-facto complainant and snatched his gold chain. Hence, the case.

3.The learned counsel appearing for the petitioner would submit that the petitioner was already granted interim bail by the lower Court in Crl.M.P.No.3977 of 2022 on 17.11.2022 by imposing certain conditions. Due to non-compliance of the condition, the interim bail was cancelled. Subsequently, he was arrested in the present case. Hence, he prays for bail.

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4.The learned Government Advocate (Crl.Side) appearing for the respondent raised objection stating that it is a case of jumped out bail and only after issuance of non-bailable warrant by the lower Court, the petitioner was remanded to judicial custody. 5.Taking into consideration of the facts and submissions made by the learned counsels, this court is inclined to grant bail to the petitioner subject to the following conditions: [a] Accordingly, the petitioner is ordered to be released on bail on condition to execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties (of which, one shall be a blood related surety) each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Pudukkottai, and on further conditions that:

[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 Book to ensure their identity. [c] the petitioner shall report before the respondent police daily at 10.30 A.M. for a period of two months and thereafter, as and when required for interrogation;

[d] the petitioner shall not commit any offences of similar nature.

[e] the petitioner shall not abscond either during investigation or trial.

[f] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[g] On breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner 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].

[h] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 17/05/2023 / TRUE COPY / 17/05/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1 THE JUDICIAL MAGISTRATE NO.I, PUDUKKOTTAI.

2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, PUDUKOTTAI DISTRICT. 3 THE OFFICER INCHARGE, DISTRICT PRISON, PUDUKKOTTAI. 4 THE INSPECTOR OF POLICE, PUDUKOTTAI TOWN POLICE STATION, PUDUKOTTAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.8833 of 2023 Date :17/05/2023 RS/MMS/SAR-(17.05.2023) 3P 6C 3/3