Viji @ Vijayakanth v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/07/2024 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN Viji @ Vijayakanth, ... Petitioner/Sole Accused Vs The Inspector of Police, Kallaperambur Police Station, Thanjavur District, Crime No.125/2024.
... Respondent/Complainant For Petitioner : Mr.K. M.Karunakaran, Advocate.
For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- For Bail in Crime No.125/2024 on the file of the respondent police 1/5
ORDER : The Court made the following order :- The petitioner/Sole Accused, who was arrested and remanded to judicial custody on 15.06.2024 for the offences punishable under Sections 294(b) of IPC & Section 25(1A) of Arms Act, in Crime No.125 of 2024 on the file of the respondent police, seeks bail.
2.The case of the prosecution is that the petitioner was found in possession of aruval and he threatened the general public by showing the same. Hence, the case. Hence, the case.
3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. He would further submit that the petitioner and he is in judicial custody from 15.06.2024. Hence, he may be released on bail.
4.The learned Additional Public Prosecutor would submit that the investigation is in preliminary stage. Further, the petitioner is a History Sheeter and he is having 17 previous cases. Hence, he vehemently, opposed to grant bail to the petitioner. 2/5
5.Considering the period of incarceration and also considering the nature of the offence, this Court is inclined to grant bail to the petitioner on certain conditions. 6.Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail, on 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 learned Judicial Magistrate No.2, Thanjavur.
(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 Pudukottai Town Police Station daily at 10.30 a.m., for a period of four weeks and thereafter, as and when required for interrogation;
(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 3/5
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]. [h] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
sd/- 18/07/2024 / TRUE COPY / 18/07/2024 Sub-Assistant Registrar (CS -II ) Madurai Bench of Madras High Court, Madurai - 625 023.
DSS TO
1. THE JUDICIAL MAGISTRATE NO.2, THANJAVUR.
2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJORE DISTRICT @ KUMBAKONAM.
3. THE OFFICER IN CHARGE, SUB JAIL, THANJAVUR..
4. THE INSPECTOR OF POLICE, KALLAPERAMBUR POLICE STATION, THANJAVUR DISTRICT.
5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
4/5
COPY TO THE PUDUKOTTAI TOWN POLICE STATION, PUDUKOTTAI.
+1 CC to M/s.K.M.KARUNAKARAN, Advocate ( SR-8096[I] dated 18/07/2024 )
ORDER
IN CRL OP(MD) No.10727 of 2024 Date :18/07/2024 RK (18/07/2024) 5P / 8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5