B.Jegan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/06/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI
1. B.Jegan
2. J.Arulanand ... Petitioners/Accused No.1 & 2 Vs The State represented by The Inspector of Police, Samayapuram Police Station, Trichy.
(Crime No.133/2024).
... Respondent/Complainant For Petitioners :
M/s.Elephant G.Rajendran, 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.133/2024 on the file of the Respondent Police. 1/5
ORDER : The Court made the following order :- The respondent police registered a case as against the petitioners in Crime No.133 of 2024 for the offence under Section 147, 148, 341, 381 and 506(ii) IPC altered into Section 395 r/w 397 IPC and remanded them into judicial custody on 02.06.2024. Therefore, the petitioners have filed this petition seeking bail.
2. The case of the prosecution is that on 05.05.2024, the petitioners have waylaid the defacto complainant's lorry, threatened the driver of the lorry and the defacto complainant with dire consequences, slapped the defacto complainant on his cheek and also they have taken away a sum of Rs.2,000/- from the defacto complainant. Hence the case.
3. The learned counsel for the petitioners by referring the case in Crime No.133 of 2024 as against the petitioner and another case registered in Crime No.132 of 2024, submits that the vehicle has been seized by the respondent on 05.05.2024 at about 00.15 hours and thereafter, this case has been foisted through the lorry driver as if the incident was taken place at 11.30 am on 05.05.2024. Hence, he prays for grant of bail to the petitioners.
4. The learned Additional Public Prosecutor appearing for the respondent submits that the first petitioner is four having previous cases in his credit. 2/5
5. Though the first petitioner has bad antecedent, considering the facts and circumstances of the case, the period of incarceration, also considering the materials placed before this Court, this Court is inclined to grant bail to the petitioners.
6. Accordingly, this Criminal Original Petition is ordered and the petitioners are ordered to be released on bail i) on the petitioners executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand)each, with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.III, Trichy District.
ii) The petitioners and the sureties shall submit a copy of their Aadhaar Card or any other identity card issued by the Government in proof of their residence address;
iii) The petitioners shall appear before the respondent police as and when required for interrogation. They have to co-operate for the investigation.
iv) The petitioners shall not misuse the liberty granted to them by indulging in any further offence and shall not tamper with the prosecution witnesses. They shall be available for the trial as well. 3/5
v) On violation of any of the above conditions by the petitioners, the respondent police shall move an application for cancellation of the bail.
sd/- 20/06/2024 / TRUE COPY / 20/06/2024 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.
LR To 1.The Judicial Magistrate No.III, Trichy District.
2.Do through the Chief Judicial Magistrate, Trichy District.
3.The Inspector of Police, Samayapuram Police Station, Trichy.
4.The Superintendent, Central Prison, Tiruchirappalli.
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+2 CC to M/s.ELEPHANT G.RAJENDRAN, Advocate ( SR-6721[I] dated 20/06/2024 ) 4/5
ORDER
IN CRL OP(MD) No.9000 of 2024 Date :20/06/2024 ED/ /SAR- (20/06/2024) 5P / 8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5