Ramalingam v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/11/2020 PRESENT The Hon`ble Mr.Justice S.M.SUBRAMANIAM Ramalingam ... Petitioner/Accused No.3 Vs State Rep. by The Inspector of Police, Sellur Police Station, Madurai City.

Crime No. 2366 of 2020.

... Respondent/Complainant For Petitioner : Mr.R.Venkatesan, 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. 2366 of 2020 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner herein was arrested and remanded to Judicial Custody on 08.10.2020 for the offences punishable under Sections 294 (b) and 506(ii) of I.P.C., Section 3(1) of TNPPDL Act and Section 25

(1) of Arms Act, in Crime No.2366 of 2020 on the file of the respondent. Hence, he seeks bail.

2.The case of the prosecution is that the petitioner damaged the defacto complainant's and threatened him.

3. The learned counsel for the petitioner submits that the petitioner has not committed any offence and he has been falsely implicated in this case.

4.The learned Government Advocate(Crl.Side) appearing for the respondent submits that there are three accused and the petitioner is arrayed as A3. The investigations are in progress. Hence, the bail petition is to be dismissed.

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5. Taking into consideration the 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 by imposing 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 Twenty Thousand only) with two sureties, out of which one shall be a blood related surety, each for a like sum to the satisfaction of the learned Judicial Magistrate No.V, Madurai.

[a] 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;

[b] the petitioner shall report before the respondent police daily at 10.30 a.m for a period of two weeks and thereafter as and when required for 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/- 11/11/2020 / 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, SELLUR 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.12968 of 2020 Date :11/11/2020 IAS/KSA JM/VR/SAR IV/11.11.2020/3P/6C 3/3