Ramesh v. The Sub Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/09/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN Ramesh ... Petitioner/Accused No.2 Vs The State Rep. By, The Sub Inspector of Police, Nazareth Police Station, Thoothukudi District.
Crime No. 170 of 2022.
... Respondent/Complainant For Petitioner : M/s.Jegadeshapandian.V.M., Advocate.
For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- For Bail in Crime No.170 of 2022 on the file of the Respondent police.
ORDER : The Court made the following order :- The petitioner/A2, who was arrested and remanded to judicial custody on 19.08.2022 for the offences punishable under Sections 457 and 380 IPC, in crime No.170 of 2022 on the file of the respondent police, seeks bail.
2.The case of the prosecution is that on 24.07.2022, the petitioner along with other accused trespassed into the de-facto complainant's house and broke open the door of his house and had stolen T.V, CCTV Monitor and motorcycle worth about Rs.1,70,000/-. Hence, the complaint.
3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution. He would further submit that the petitioner is in judicial custody from 19.08.2022 and hence, he may be released on bail.
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4.The learned Additional Public Prosecutor would submit that the motorbike was recovered from the petitioner. He would further submit that the petitioner is having one previous cases and the investigation is in preliminary stage. Hence, he strongly opposed to grant bail to the petitioner.
5.Considering the facts and circumstances of the cae 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 learned Judicial Magistrate Court, Sathankulam, Thoothukudi District. (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., 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 absconds, a fresh FIR can be registered under Section 229A IPC.
sd/- 30/09/2022 / TRUE COPY / 30/09/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
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TO
1. THE JUDICIAL MAGISTRATE, SATHANKULAM, THOOTHUKUDI DISTRICT.
2. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT.
3. THE OFFICER-INCHARGE, SUB-JAIL, SRIVAIKUNDAM, THOOTHUKUDI DISTRICT.
4. THE SUB INSPECTOR OF POLICE NAZARETH POLICE STATION, THOOTHUKUDI DISTRICT.
5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.V.M.JEGADEESHAPANDIAN, Advocate ( SR-10833[I] dated 30/09/2022 )
ORDER
IN CRL OP(MD) No.17516 of 2022 Date :30/09/2022 sji USK/VR/SAR-II/30.09.2022/3P/7C 3/3