Moorthy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/07/2024 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN Moorthy ... Petitioner/Accused No.1 Vs The Inspector of Police, Vadasery Police Station, Kanniyakumari District.

(Crime No.163/2024.) ... Respondent/Complainant For Petitioner :

Mr.K.Sivabalan, Advocate for M/s.Aran Legal Consultancy, Advocate.

For Respondent :

Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.163 of 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 13.06.2024 for the offences punishable under Sections 380 and 457 I.P.C, in Crime No. 163 of 2024 on the file of the respondent police, seeks bail. 1/4

2.The case of the prosecution is that the petitioner along with other accused have committed the theft of jewels worth of Rs.4,37,500/- and diamond worth of 1.75 caret Rs.1,37,600/- in the house of the defacto complainant. 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 is in judicial custody from 13.06.2024, hence he may be released on bail.

4.The learned Additional Public Prosecutor would submit that the investigation is in preliminary stage and the petitioner is having 5 previous cases, out of which, three cases are similar in nature. Hence, he vehemently, opposed to grant bail to the petitioner.

5.Considering the facts and circumstances of the case and also considering the period of incarceration, 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 Judicial Magistrate No.II, Nagercoil.

(i)the sureties shall affix their photographs and left thumb impression in the 2/4

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, until further orders (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]. vi)If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

sd/- 25/07/2024 / TRUE COPY / 25/07/2024 Sub-Assistant Registrar ( Judicial ) Madurai Bench of Madras High Court, Madurai - 625 023.

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To 1.The Judicial Magistrate No.II, Nagercoil.

2.Do through the Chief Judicial Magistrate, Kanyakumari District at Nagercoil.

3.The Inspctor of Police, Vadasery Police Station, Kanniyakumari District.

4.The Officer Incharge, District Jail, Nagercoil.

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

+1 CC to M/s.M/S.ARAN LEGAL CONSULTANCY, Advocate ( SR-8661[I] dated 26/07/2024 )

ORDER

IN CRL OP(MD) No.11554 of 2024 Date :25/07/2024 ED/ /SAR- (25/07/2024) 4P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4