Subramaniyan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27.06.2024 PRESENT THE HON`BLE MR.JUSTICE B.PUGALENDHI Subramaniyan ... Petitioner/Accused No.2
Versus
The State:
Rep. by the Inspector of Police, Pudukkottai Town Police Station, Pudukkottai District.
(Crime No.121 of 2024) ... Respondent/Complainant For Petitioner : Mr.K.Arunraj 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.121 of 2024 on the file of the respondent Police. ORDER : The Court made the following order :- The petitioner/A2, who was arrested on 07.05.2024 for the alleged offence punishable under Sections 109 and 420 of IPC in Crime No.121 of 2024 on the file of the respondent police, seeks bail. 1/5
2. The case of the prosecution is that the petitioner along with the other accused has attempted to pledge the fake ornaments to avail gold loan in ICICI Bank. Hence, the present case.
3.The learned counsel for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. However, he is languishing in jail from 07.05.2024. He further submits that based on the confession statement of A1, this petitioner has been implicated in this case. A1 was enlarged on bail by this Court in Crl.OP(MD) No.9001 of 2024, dated 20.06.2024. Therefore, the learned counsel prays for grant of bail to the petitioner.
4. The learned Additional Public Prosecutor appearing for the respondent submits that the investigating in this case is yet to be completed. He confirms that the co-accused has been released on bail by this Court in Crl.OP(MD) No.9001 of 2024, dated 20.06.2024.
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5. Considering the nature of offence, the period of incarceration and also considering the fact that the co-accused has been released on bail, this Court is inclined to grant bail to the petitioner with certain conditions.
6. Accordingly, this Criminal Original Petition is ordered and the petitioner is ordered to be released on bail i) on the petitioner executing a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Pudukkottai. ii) The petitioner 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 petitioner shall report before the respondent police daily at 10.30 a.m until further orders. He has to co-operate for the investigation. iv) The petitioner shall not misuse the liberty granted to him by indulging in any further offence and shall not tamper with the prosecution witnesses. He shall be available for the trial as well.
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v) On violation of any of the above conditions by the petitioner, the respondent police shall move an application for cancellation of the bail. sd/- 27/06/2024 / TRUE COPY / 27/06/2024 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.
VRN TO 1 THE JUDICIAL MAGISTRATE NO.I PUDUKKOTTAI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI.
3 THE INSPECTOR OF POLICE PUDUKOTTAI TOWN POLICE STATION, PUDUKOTTAI DISTRICT 4 THE OFFICER INCHARGE, DISTRICT PRISON, PUDUKKOTTAI.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
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ORDER
IN CRL OP(MD) No.9267 of 2024 Date :27/06/2024 SS/SAR- /27/06/2024/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5