Dhanasekar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11.06.2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Dhanasekar ... Petitioner / Accused No.2 Vs The Inspector of Police, Thirugokarnam Police Station, Pudukkottai District.

(Crime No.171 of 2024) ... Respondent / Complainant For Petitioner :

Mr.D.Rameshkumar 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.171 of 2024 on the file of the respondent Police. ORDER : The Court made the following order :- The respondent police registered a case as against this petitioner in Crime No.171 of 2024 for the offence under Sections 20, 25(1)(A) of the Arms Act and remanded him into judicial custody on 27.05.2024. Therefore, the petitioner has filed 1/4

this petition seeking bail.

2.The case of the prosecution is that the petitioner threatened the public by showing deadly weapon.

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. However, he is languishing in jail from 27.05.2024. 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 and the petitioner is having two previous cases. However, he fairly submits that the said cases are not similar in nature.

5.Considering the nature of offence and the period of incarceration, this Court is 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.25,000/-(Rupees Twenty Five Thousand) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, 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 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. 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 1.The Judicial Magistrate No.II, 3/4

2.Do through the Chief Judicial Magistrate, Pudukkottai District.

3.The Inspector of Police, Thirugokarnam Police Station, Pudukkottai District.

4.The Officer Incharge, District Prison, 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.8512 of 2024 Date :11/06/2024 ED/ /SAR- (11/06/2024) 4P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4