Rajadurai v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/07/2019 PRESENT The Hon`ble Mr.Justice P.RAJAMANICKAM CRL OP(MD). No.9879 of 2019 Rajadhurai ... Petitioner/Accused No.1 Vs State Rep.by The Inspector of Police, Airport Police Station, Trichy District.

Crime No. 309 of 2019. ... Respondent/Complainant For Petitioner : M/s.M.Suresh, Advocate.

For Respondent : Mr.V.Neelakandan, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.309 of 2019 on the file of the Respondent Police.

ORDER : The Court Made the following order :- This petition has been filed by the petitioner/ Accused no.1 seeking bail for the alleged offence under Section 392 of IPC.

2. Heard both sides

3. The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in the above case. He further submitted that the petitioner was arrested and remanded to judicial custody on 26.06.2019 and from that date onwards he is in custody. He further submitted that no previous case is pending against the petitioner and the stolen property has been recovered and therefore he prayed to grant bail to the petitioner.

4. The learned Additional Public Prosecutor would submit that the petitioner herein threatened the defacto complainant and robbed a sum of Rs.2060/- from his pocket/ Hence he strongly opposed to grant bail to the petitioner. However he fairly conceded that the stolen property was recovered from the petitioner and there is no previous case is pending against the petitioner. 5.Taking into consideration the aforesaid submissions and also the fact that the petitioner is in custody for the past 32 days and also the fact that the stolen property was recovered from the petitioner and there is no previous case is pending against the petitioner, this Court is inclined to grant bail to the petitioner by imposing conditions:

[a] 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 sureties each for a like sum to the satisfaction of the Judicial Magistrate No.VI, Trichy.

[b] the petitioner shall report before the Respondent Police, daily at 10.3OA.M for a period of One Month and thereafter, as and when required for the interrogation.

[c] the petitioner shall not abscond either during investigation or trial.

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[e] 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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 29/07/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO.VI TRICHY.

2.DO-THROUGH :THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.

3.THE INSPECTOR OF POLICE, AIRPORT POLICE STATION, TRICHY DISTRICT.

4.THE SUPERINTENDENT, CENTRAL JAIL, TRICHY.

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

+1. CC to Mr.M.SURESH Advocate SR.No.12401

ORDER

IN CRL OP(MD) No.9879 of 2019 Date :29/07/2019 aav TK/PN/SAR.3/29.07.2019/3P/7C