Kumaravel v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/06/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN Kumaravel, ... Petitioner/Accused No.5 Vs The State rep.by The Inspector of Police, Vaiyampatti Police Station, Trichy District.

(Crime No.192 of 2023).

... Respondent/Complainant For Petitioner : M/s.VISHNU.V, Advocate.

For Respondent : Mr.R.M.ANBUNITHI, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.192 of 2023 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner /A5 who was arrested and remanded to judicial custody on 02.05.2023 for the offences under (*)sections 420 and 489(c) altered into 420, 489(A), 489(B), 489(C), 489(D) of IPC in Crime No.192 of 2023 on the file of the respondent police seeks bail.

2. The case of the prosecution is that the petitioner along with other accused were found in possession of counterfeit notes of Rs.2,000/- worth about Rs.84,00,000/-, hence the case.

3. Heard both sides and perused the materials available on record including the First Information Report. 4.It is seen that totally there are 8 accused. In which, the petitioner is arrayed as A3. A4 obtained license to keep the xerox copy of currency to use in Cinema. Under the said license, the petitioner along with other accused were found in possession of 44 bundles of Rs.2,000/- notes.

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5. Taking into consideration the facts and submissions made by the learned counsels and also the period of incarceration 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.10,000/- (Rupees Ten Thousand only) with two blood related sureties each for a like sum to the satisfaction of the Judicial Magistrate Court, Manapparai, 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. until further orders.

[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/- 05/06/2023 (*)Amended as per order of this Hon'ble Court in CRL MP(MD).8111/2023 in CRL OP (MD).9465/2023 dated 14.06.2023 / TRUE COPY / 15/06/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

DSS TO TO BE SUBSTITUTED WITH THE ORDER ALREADY DESPATCHED ON 05.06.2023 1 THE JUDICIAL MAGISTRATE, MANAPPARAI.

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2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.

3 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.

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

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

ORDER

IN CRL OP(MD) No.9465 of 2023 Date :05/06/2023 SA/VR/SAR. /05.06.2023/3P/7C RS/SSS/SAR-(15.06.2023) 3P/6C 3/3