Velmurugan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/09/2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Velmurugan ... Petitioner/Accused No.3 Vs The State rep.by, The Inspector of Police, Bazzar Police Station, Ramanathapuram District.

Crime No.332 of 2021.

... Respondent/Complainant For Petitioner : Mr.D.Balamurugapandi, Advocate. For Respondent : Mr.T.Senthilkumar Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C PRAYER :-For Bail in Crime No.332 of 2021 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/A3, who was arrested on 06.08.2021 for the offence under Sections 419 and 420 I.P.C, in Crime.No.332 of 2021 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the petitioner and other accused projected themselves as Sales-Tax Officers and cheated a sum of Rs.4,000/- from the defacto complainant's shop. Hence, the complaint.

3.The learned counsel appearing for the petitioner submits that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution. He would further submit that the petitioner is in jail from 06.08.2021 and hence, he seeks for grant of bail.

4. The learned Additional Public Prosector appearing for the respondent police would submit that this is the second bail application. He would further submit that the investigation is almost completed.

5.Taking into consideration of the facts and circumstances of the case, the nature of allegation levelled as against the 1/3

petitioner, the fact that the substantial portion of investigation is completed and also the period of incarceration, this Court is inclined to grant bail to the petitioner, however, with stringent conditions.

6. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/-(Rupees twenty five thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Ramanathapuram District and on further condition that:

[a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity. [b] the petitioner shall appear before the respondent police daily twice ie. at 10.30 a.m and 5.30 p.m until until further orders.

[c] the petitioner shall not tamper with the evidence or witness either during investigation or trial. [d] the petitioner shall not abscond 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 petitioners 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 229-A IPC.

sd/- 27/09/2021 / TRUE COPY / / /2021 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.

TO 1 THE JUDICIAL MAGISTRATE NO.I, RAMANATHAPURAM.

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2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

3 THE INSPECTOR OF POLICE BAZZAR POLICE STATION, RAMANATHAPURAM DISTRICT. 4 THE OFFICER INCHARGE, DISTRICT JAIL, RAMANATHAPURAM.

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

+1 CC to Mr.D.BALAMURUGAPANDI,Advocate (SR-6610[I] dated 27/09/2021)

ORDER

IN CRL OP(MD) No.13669 of 2021 Date :27/09/2021 MSA MK/PN/SAR.III/27.09.2021/3P/7C 3/3