Nambi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 25.06.2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Nambi ... Petitioner/Accused Vs The Inspector of Police, Tirunelveli Town Police Station, Tirunelveli District.

(In Crime No.107 of 2024) ... Respondent/Complainant For Petitioner : Mr.R.Mathava Selvam, 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.107 of 2024 on the file of the respondent Police. ORDER : The Court made the following order :- The respondent police registered a case as against this petitioner in Crime 1/5

No.107 of 2024 for the offence under Sections 457 and 392 IPC and remanded him into judicial custody on 02.05.2024. Therefore, the petitioner has filed this petition seeking bail.

2.The case of the prosecution is that the petitioner along with other accused trespassed into the house of the defacto complainant and robbed 5 3⁄4 sovereigns of gold chain worth about Rs.2,96,000/-.

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. Further, he submits that the petitioner is the friend of A1 and therefore, he has been falsely implicated in this csae and he is languishing in jail from 02.05.2024. 4.The learned Additional Public Prosecutor appearing for the respondent submits that there is no previous case pending as against the petitioner. 5.Considering the nature of offence and the period of incarceration and the antecedent, this Court is inclined to grant bail to the petitioner with certain conditions.

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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.IV, Tirunelveli District. 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. 3/5

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/- 25/06/2024 / TRUE COPY / 26/06/2024 Sub-Assistant Registrar (CS -I/ II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

gns TO 1.THE JUDICIAL MAGISTRATE NO.IV, TIRUNELVELI DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI.

3.THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI.

4.THE INSPECTOR OF POLICE, TIRUNELVELI TOWN POLICE STATION, TIRUNELVELI DISTRICT.

5.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.R.MATHAVASELVAN, Advocate ( SR-6914[I] dated 25/06/2024 ) 4/5

ORDER

IN CRL OP(MD) No.9304 of 2024 Date :25/06/2024 RK (26/06/2024) 5P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5