Jeeva v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14/08/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Jeeva, S/o. Marimuthu, No. 123, Karupaye Ambalakara Street, Devar Madam Back Side, Thanjavur District.

... Petitioner/Accused Rank not known Vs The Inspector of Police, Thanjavur Tmch Police Station, Thanjavur District.

Crime No. 169 /2024.

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

For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of B.N.S.S. U/s 439 of Cr.P.C. PRAYER :-For Bail in Crime No. 169 of 2024 on the file of the Respondent Police. 1/5

ORDER : The Court made the following order :- The petitioner / Accused, who was arrested and remanded to judicial custody on 20.06.2024 for the offences punishable under Section 392 I.P.C, in crime No.169 of 2024 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that when the defacto complainant went to outside of her house for disposing of the garbage, at that time, the accused were snatched the gold chain of the defacto complainant.

3. Heard the learned counsel on either side and perused the material records of the case.

4. Even though there are two previous cases of theft against the petitioner, considering the age of the petitioner, that he is aged about 19 years and still there is scope for reformation and considering the fact that the petitioner is in jail from 26.07.2024 and considering the submission of the the learned counsel appearing on behalf of the petitioner that the petitioner will also cooperate to be a law abiding citizen, by going for proper work and subject himself to the supervision of the Investigating Officer as well as the probationary officer and in the strength of such 2/5

undertaking, I am inclined to enlarge the petitioner on bail with the following conditions

5. The Investigating Officer shall also monitor by himself and also referring to the jurisdictional probationary Officer the day-to-day activities of the petitioner as to whether he is going for any proper lawful work or not and ensuring his conduct during this period.

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.II, 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 respondent police daily at 10.30 a.m., for a period of four weeks and thereafter once in three days at 10.30 am., ie. on every Monday, Wednesday, and Friday for a period four weeks and thereafter, as and 3/5

when required for interrogation. It is made clear that no relaxation of the condition for the said period will be entertained by this court; (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 absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 14/08/2024 / TRUE COPY / 14/08/2024 Sub-Assistant Registrar (PA-I/ AD-I ) Madurai Bench of Madras High Court, Madurai - 625 023.

LS TO

1. THE JUDICIAL MAGISTRATE NO.II, THANJAVUR; 4/5

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR @ KUMBAKONAM.

3.THE INSPECTOR OF POLICE, THANJAVUR TMCH POLICE STATION, THANJAVUR DISTRICT.

4 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.

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

+1 CC to M/s.K.M.KARUNAKARAN, Advocate ( SR-9946[I] dated 14/08/2024 )

ORDER

IN CRL OP(MD) No.13344 of 2024 Date :14/08/2024 RK (14/08/2024) 5P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5