Prasanth, v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Seventh day of December Two Thousand Eighteen PRESENT The Hon`ble Mr Justice B.PUGALENDHI CRL OP(MD) No.23020 of 2018 PRASANTH, ... PETITIONER / ACCUSED No.2 Vs THE STATE REPRESENTED BY, THE INSPECTOR OF POLICE, PERAVURANI POLICE STATION, THANJAVUR DISTRICT.
(CRIME NO.137 OF 2018) ... RESPONDENT / COMPLAINANT For Petitioner : MR.M.PITCHAI MUTHU Advocate For Respondent : MR.K.SUYAMBULINGA BHARATHI, Government Advocate(Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.
ORDER : The Court Made the following order :- The petitioner is remanded to judicial custody in Crime No.137 of 2018 on the file of the respondent police for the offences punishable under Sections 341, 342, 364(A), 392, 397, 506(ii) and 34 of IPC and he seeks bail.
2. The case of the prosecution is that the petitioner along with others said to have kidnapped the de facto complainant, while he was coming in his two wheeler and demanded Rs.1,00,00,000/- (Rupees One Crore only) and insisted to make a phone call to his house to arrange for the said sum of Rs.20,80,000/- and thereafter, the amount was settled to the petitioner. After receiving the amount, the petitioner along with others threatened with dire consequences. Hence, the complaint.
3. Heard the learned counsel appearing for the petitioner and the learned Government Advocate [Criminal Side] for the respondent State.
4. According to the petitioner, the petitioner is an innocent and a false case has been foisted against him. Co-accused has been granted bail by this Court in Crl.O.P(MD) No.21909 of 2018 dated 12.12.2018.
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5. The learned Government Advocate [Criminal Side] submitted that the investigation of the case is pending and the accused has been arrested on 07.10.2018.
6. Considering the facts and circumstances of the case and also taking note of the fact that the petitioner has been in jail for the past 81 days and the co-accused has already been released on bail by this Court, this Court is inclined to grant bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail subject to the following conditions:
(i) the petitioner shall execute 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 the learned Judicial Magistrate, Pattukottai, Thanjavur District.
(ii) the petitioner shall appear before the respondent police daily at 10:30 a.m. until further orders.
sd/- 27/12/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1.THE JUDICIAL MAGISTRATE, PATTUKOTTAI, THANJAVUR DISTRICT.
2.DO THRO'THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM, 3.THE INSPECTOR OF POLICE, PERAVURANI POLICE STATION, THANJAVUR DISTRICT 4.THE SUPERINDENTENT, CENTRAL PRISON, TRICHY.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to MR.M.PITCHAI MUTHU Advocate SR.No.24074
ORDER
IN CRL OP(MD) No.23020 of 2018 Date :27/12/2018 AE/PN-AC/SAR3/28.12.2018/2P/7C https://hcservices.ecourts.gov.in/hcservices/