A. Iqbal v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/09/2019 PRESENT The Hon'ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.12139 of 2019 A.Iqbal ... Petitioner/ Sole Accused Vs The State rep.by The Inspector of Police, Palakkarai Police Station, Trichy District (in Crime No. 462/2019). ... Respondent/Complainant For Petitioner : M/s.B.Jameel Arasu, Advocate.

For Respondent : Mr.A.P.G.Ohm Chairma Prabhu, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.462 /2019 on the file of the respondent police.

ORDER : The Court Made the following order :- Heard the learned counsel on either side.

2.The petitioner is in custody since 09.08.2019 for the offences under Sections 409, 420, 509 of I.P.C. R/2. 66(D), 67 of Information Technology Act. The allegation against the petitioner is that he created a fake ID in the name of the defacto complainant and sent messages from the said ID to the friends of the defacto complainant, thereby, bringing down the defacto complainant's reputation.

3.The the learned Government Advocate (Criminal side) submitted that no previous case is registered against the petitioner. 4.Taking note of all these aspects, this Court is inclined to enlarge the petitioner on bail with certain conditions. Accordingly, the petitioner is ordered to be released on bail, subject to the following conditions;

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[a] the petitioner is ordered to be released on bail on his 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.V, Trichy.

[b] the petitioner shall report before the respondent police as and when required for the interrogation.

[c] the petitioner shall not abscond either during investigation or trial.

[d] the petitioner shall not tamper with evidence or witness 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 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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 03/09/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.V, TRICHY 2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.

3 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY. 4 THE INSPECTOR OF POLICE PALAKKARAI POLICE STATION, TRICHY DISTRICT

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

+1 CC to M/s.B.JAMEEL ARASU, Advocate(SR-14620[I] dated 03/09/2019) ORDER IN CRL OP(MD) No.12139 of 2019 ias Date :03/09/2019 ES/PN/SAR1/03.09.2019/2P/7C https://hcservices.ecourts.gov.in/hcservices/