Nagoor Pitchai v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/07/2024 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN
1. Nagoor Pitchai,
2. Alaudeen Abdulnazeer, ... 1st Petitioner/Accused No.4 Vs The Inspector of Police, Chatrakudi Police Station, Ramnathapuram District.
Cr.No.51/2024..
... Respondent/Complainant For Petitioners : MR.Dhilipan Pandian R L, 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.51 of 2024 on the file of the respondent police ORDER : The Court made the following order :- The petitioners/Accused, who were arrested and remanded to judicial custody 1/5
on 16.07.2024 for the offences punishable under Sections 417, 420, 466, 468 and 471 of IPC, in Crime No.51 of 2024 on the file of the respondent police, seek bail. 2.The case of the prosecution is that the petitioners along with other accused, sold the properties of the defacto complainant by forging and creating the the documents. Hence, the complaint.
3.The learned counsel for the petitioners the petitioners are innocents and they have not committed any offence as mentioned in the FIR. He would further submit that the petitioners are in judicial custody from 16.07.2024 and hence, they may be granted bail.
4.The learned Additional Public Prosecutor would submit that 15 witnesses have been examined and the investigation is still pending. 5.Considering the period of incarceration and also considering the fact that the major part of the investigation might have been completed, this Court is inclined to grant bail to the petitioners on certain conditions. 2/5
6.Accordingly, this Criminal Original Petition is allowed and the petitioners are ordered to be released on bail, on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the Judicial Magistrate, Paramakudi. (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 petitioners shall report before the respondent police weekly once i.e., every Saturday at 10.30 a.m., until further orders; (iii)the petitioners shall not tamper with evidence or witness; iv)the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail 3/5
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/- 30/07/2024 / TRUE COPY / 01/08/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
DSS TO 1 THE JUDIICAL MAGISTRATE PARAMAKUDI.
2 DO-THROUGH :
THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.
3 THE OFFFICER INCHARGE, RAMANATHAPURAM PRISON, RAMANATHAPURAM..
4 THE INSPECTOR OF POLICE CHATRAKUDI POLICE STATION, RAMNATHAPURAM DISTRICT.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
4/5
ORDER
IN CRL OP(MD) No.11621 of 2024 Date :30/07/2024 SS/SAR- /01/08/2024/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5