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Madras High CourtCRL OP(MD)/14072/2022partly allowed

Muthu Pandi v. The Inspector Of Police

2022-08-04Honourable Mr Justice G.Ilangovan2 pages

CRL OP(MD). No.14072 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/08/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.14072 of 2022

1. Muthu Pandi

2. Veerapandi ... Petitioners/Accused No.6,4 Vs The State rep.by, The Inspector of Police, R.S Mangalam Police Station, Ramanathapuram District.

Crime No.102 of 2022.

... Respondent/Complainant For Petitioner : Mr.D.Balamurugapandi, Advocate.

For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :-For Bail in Crime No.102 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners / Accused herein, who were arrested on 13.05.2022 for the alleged offence under Sections 395 and 427 IPC in Crime No.102 of 2022, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner along with other accused robbed money from the defacto complainant. Hence, the case.

3.The learned counsel for the petitioner submitted that the petitioners are innocent person and they have not committed any offence as alleged by the prosecution. He would further submit that co-accused has already been released on bail by this Court in Crl.O.P(MD).No.10362 of 2022, dsated 24.06.2022. https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.14072 of 2022 4.The learned Government Advocate (Crl. Side) submitted that 1st petitioner is having 6 previous cases of similar nature and the 2nd petitioner is not having any previous case and the investigation of the case is pending.

5. Even though earlier petition filed by the petitioners along with other accused was dismissed by this Court, the 2nd bail petition filed by them.

6.Considering the period of incarceration and the fact that 2nd petitioner is not having any previous case, this Court is inclined to grant bail to the 2nd petitioner alone with stringent conditions. 7.Accordingly, this Criminal Original Petition is partly allowed and the 2nd petitioner is ordered to be released on bail, on executing a personal 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 learned District Munsif - Cum - Judicial Magistrate, Thiruvadanai, Ramanathapuram District, and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders.

8. So far as the 1st petitioner herein viz., Muthupandi is concerned, this Criminal Original Petition is dismissed. sd/- 04/08/2022 / TRUE COPY / 04/08/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, THIRUVADANAI, RAMANATHAPURAM DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE RAMANATHAPURAM DISTRICT.

3 THE OFFICER INCHARGE, DISTRICT JAIL, RAMANATHAPURAM.

4 THE INSPECTOR OF POLICE R.S MANGALAM POLICE STATION, RAMANATHAPURAM DISTRICT. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.BALAMURUGAPANDI D Advocate SR.No.8146.

ORDER

IN CRL OP(MD) No.14072 of 2022 Date :04/08/2022 TRP MK/PN/SAR.IV/04.08.2022/2P/7C https://www.mhc.tn.gov.in/judis 2/2