Adolf Hitlar v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/10/2022 PRESENT The Hon`ble Mrs.Justice T.V.THAMILSELVI Adolf Hitlar ... Petitioner/Accused (Rank Not Known) Vs The State rep.by The Inspector of Police, Kumbakonam Taluk Police Station, Thanjavur District.
(Crime No.449/2022).
... Respondent/Complainant For Petitioner : M/s.PALANISAMY T, Advocate.
For Respondent : Mr.B.NAMBI SELVAN, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- For Bail in Crime No.449/2022 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioner/Accused Rank Not Known, who was arrested on 12.07.2022 for the offences under Section 392 IPC Crime No.449 of 2022, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the petitioner and other accused have robbed a sum of Rs.250/- from the de-facto complainant by showing aruval. Hence, the complaint.
3.The learned counsel for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submits that the petitioner has been falsely implicated in this case. 4.The learned Government Advocate (Crl.side) appearing for the respondent strongly opposed this petition stating that the petitioner is having four previous cases, which are similar in nature.
5.Considering the facts and circumstances of the case and also considering the fact that the petitioner is in custody from 1/3
12.07.2022, this Court is inclined to grant bail to the petitioner subject to the following conditions.
6.Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Kumbakonam, Thanjavur District.
(i)the sureties shall affix their photographs and left thumb impression in the surety bond and the Special Court/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity;
(ii)the petitioner shall stay at Krishnagiri and report before the Inspector of Police, Town Police Station, Krishnagiri daily at 10.30 a.m., for a period of five weeks and thereafter, as and when required for interrogation, before the respondent police. (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 Special Court/concerned 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 Special Court/concerned Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. sd/- 06/10/2022 / TRUE COPY / 06/10/2022 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.
TO 1 THE JUDICIAL MAGISTRATE NO.II, KUMBAKONAM, THANJAVUR DISTRICT.
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2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.
3 THE INSPECTOR OF POLICE, KUMBAKONAM TALUK POLICE STATION, THANJAVUR DISTRICT.
4 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
COPY TO:
THE INSPECTOR OF POLICE TOWN POLICE STATION, KRISHNAGIRI.
+1. CC to M/S.PALANISAMY T Advocate SR.No.10922
ORDER
IN CRL OP(MD) No.17688 of 2022 Date :06/10/2022 SJI SA/SVR/SAR.4/06.10.2022/3P/8C 3/3