Raman v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/10/2020 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN Raman ... Petitioner/Sole Accused Vs State Rep. by The Inspector of Police, Thideernagar Police Station, Madurai City.

Crime No. 847/2020.

... Respondent/Complainant For Petitioner : M/s.K.Seenuramachandran, 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 Crime No.847 of 2020 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/sole accused, who was arrested and remanded to judicial custody on 30.09.2020 for the offences punishable under Sections 392,397 and 506(ii) of IPC on the file of the respondent police seeks bail.

2.The case of the prosecution is that the petitioner herein robbed a sum of Rs.200/- from the defacto complainant at knife point. Hence the complaint.

3. The learned Government Advocate(Crl.Side) would submit that petitioner herein robbed a sum of Rs.200/- from the defacto complainant at knife point and now the property has been recovered. He would further submit that the petitioner is having two previous cases under Sections 302 and 392 of IPC.

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4.The learned counsel for the petitioner would submit that the petitioner is innocent and a false case has been foisted against him. He would also submit that the property has been recovered and the petitioner is in jail for more than 25 days. He would also submit that the 302 case was acquitted and it happened eight years ago, hence he may be granted bail.

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.V, Madurai 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 5.00 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/- 28/10/2020 / 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.V, MADURAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI.

3 THE INSPECTOR OF POLICE, THIDEERNAGAR POLICE STATION, MADURAI CITY.

4 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

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

ORDER

IN CRL OP(MD) No.11879 of 2020 Date :28/10/2020 aav JM/VR/SAR III/28.10.2020/3P/6C 3/3