Arivazhagan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/07/2024 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CRL OP(MD). No.11245 of 2024 Arivazhagan, ... Petitioner/Accused No.2 Vs The State Rep.by The Inspector of Police, Pappanadu Police Station, Thanjavur District, Crime No.06/2024.

... Respondent/Complainant For Petitioner : Mr.K. M.Karunakaran, Advocate.

For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor (Criminal Side) PRAYER :-For Bail in Crime No.06/2024 on the file of the respondent police ORDER : The Court made the following order :- The petitioner/Accused, who was arrested and remanded to judicial custody on 07.07.2024 for the offences punishable under Section 379 I.P.C, in crime No.06 of 2024 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner and other accused said to have stolen two goats.

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 is in judicial custody from 07.07.2024, hence he may be released on bail.

4.The learned Additional Public Prosecutor would submit that totally 2 accused and the petitioner is arrayed as A2 and the investigation is yet to be completed. Hence, he strongly opposed to grant bail. 5.Considering the facts and circumstances of the case and also considering the facts that the major part of the investigation might have been completed and the petitioner is in judicial custody from 07.07.2024, 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, Orathanadu.

(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 respondent police daily at 10.30 a.m., for a period of three 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 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]. sd/- 23/07/2024 / TRUE COPY / / 07/2024 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

To

1. The Judicial Magistrate, Orathanadu.

2.Do Through The Chief Judicial Magistrate, Thanjavur at Kumbakonam.

3.The Officer in Charge, Sub Jail,Thanjavur.

4. The Inspector of Police, Pappanadu Police Station,Thanjavur District.

5. The Additional Public Prosecutor, Madurai Bench of Madras High Court,Madurai.

+1CC to M/s.K.M.Karunakaran,Advocate(SR.No.8409) CRL OP(MD) No.11245 of 2024 Date :23/07/2024 MGJ(23.07.2024) 4P 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023