Ajay@Amarnath v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15/10/2020 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN Ajay @ Amarnath ... Petitioner/Accused No.2 Vs The State rep.by The Inspector of Police, Keelakarai Police Station, Ramanathapuram District.
Crime No.278 of 2020 ... Respondent/Complainant For Petitioner : Mr.D.Balamurugapandi, Advocate.
For Respondent : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- For Bail in Cr No.278 of 2020 on the file of the respondent police.
ORDER : The Court made the following order :- The petitioner/A2, who was arrested and remanded to judicial custody on 28.09.2020 for the offences punishable under Sections 294(b) and 392 of IPC on the file of the respondent police seeks bail.
2.The case of the prosecution is that on 27.09.2020 the petitioner along with other accused said to have snatched the cell phone and cash of Rs.500/-from the defacto complainant and also abused him with filthy language.
3.The learned counsel for the petitioner would submit that the petitioner is innocent and a false case has been foisted against him.
4. The learned Government Advocate(Crl.Side) would submit that on 27.09.2020 the petitioner along with other accused said to have 1/3
snatched the cell phone and cash of Rs.500/-from the defacto complainant and also abused him with filthy language. He would also submit that one previous case is pending against the petitioner. 5.Taking note of the above facts and circumstances of the case and also taking into consideration the period of incarceration, this Court is inclined to grant bail to the petitioner subject to the following conditions:
6.Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two blood sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Ramanathapuram, Ramanathapuram District i) the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity ii) the petitioner shall report before the respondent police daily at 10.30 a.m and 5.30 pm., until further orders. iii)the petitioner shall not tamper with evidence or witness. iv) the petitioner shall not abscond during trial.
v)On breach of any of the aforesaid conditions, the learned 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]. vi) If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
sd/- 15/10/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
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TO 1.THE JUDICIAL MAGISTRATE No. I, RAMANATHAPURAM, RAMANATHAPURAM DISTRICT.
2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.
3.THE INSPECTOR OF POLICE, KEELAKARAI POLICE STATION, RAMANATHAPURAM DISTRICT.
4.THE OFFICER INCHARGE, SUB JAIL, PALANI, DINDIGUL DISTRICT.
5.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.D.BALAMURUGAPANDI, Advocate ( SR-7018[I] dated 15/10/2020 ) +1 CC to M/s.D.BALAMURUGAPANDI, Advocate ( SR-7120[I] dated 19/10/2020 )
ORDER
IN CRL OP(MD) No.11445 of 2020 Date :15/10/2020 AAV TK/PN/SAR.2/15.10.2020/3P/8C 3/3