Karthika v. The Sub Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/05/2023 PRESENT The Hon`ble Mr.Justice P.VADAMALAI 1.Karthika 2.Lakshmi @ Dhivya Lakshmi 3.Vennila ... Petitioners/Accused Nos.1,2 & 3 Vs State through The Sub-Inspector of Police, Pattukottai Town Police Station, Thanjavur District.
Cr.No.313/2023.
... Respondent/Complainant For Petitioners : M/s.C.M.ARUMUGAN Advocate.
For Respondent : Mr.RMS.SETHURAMAN, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- For Bail in Crime No. 313/2023 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioners / A1, A2 and A3 who were arrested and remanded to judicial custody on 13.04.2023 for the offences under section 379 of IPC in Crime No.313 of 2023 on the file of the respondent police seeks bail.
2. The case of the prosecution is that the petitioners have stolen the defacto complainant's wallet which contained Rs.1,500/-. Hence the complaint.
3. Heard both sides. Perused the materials available on record including the First Information Report.
4. Taking into consideration of the facts and submissions made by the learned counsels and also considering the duration of custody 1/3
and taking note of the fact that investigation has almost completed, this Court is inclined to grant bail to the petitioners, subject to the following conditions:
5. Accordingly, the petitioners are ordered to be released on bail on their executing a bond for a sum of Rs.10,000/- (Rupees Ten thousand only)with two sureties, each for a like sum to the satisfaction of learned Judicial Magistrate, Pattukottai, Thanjavur District, and on further conditions that :- [a] 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. [b] the petitioners shall report before the respondent police daily at 10.30 a.m., for a period of 30 days and thereafter as and when required for interrogation.
[c] the petitioners shall not abscond either during investigation or trial.
[d] the petitioners shall not tamper with evidence or witness either during investigation or trial.
[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners are 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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
sd/- 24/05/2023 / TRUE COPY / 24/05/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
PNN TO 1 THE JUDICIAL MAGISTRATE, PATTUKOTTAI, THANJAVUR DISTRICT.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.
2/3
3 THE SUPERINTENDENT, CENTRAL PRISON (bgz;fs; jdpr;rpiw) TRICHY.
4 THE SUB-INSPECTOR OF POLICE, PATTUKOTTAI TOWN POLICE STATION, THANJAVUR DISTRICT.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.ARUMUGAN.C.M. Advocate SR.No.7794 (I) Dt.24/05/2023
ORDER
IN CRL OP(MD) No.9466 of 2023 Date :24/05/2023 SA/24.05.2023/3P/7C 3/3