Marimuthu @ Eli Marimuthu 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 Marimuthu @ Eli Marimuthu, ... Petitioner/Accused No.19 Vs State represented by The Inspector of Police, Theppakkulam Police Station, Madurai.

(Crime No.140 of 2014).

... Respondent/Complainant For Petitioner : Mr.E.Satish Rajkumar, Advocate. For Respondent : Mr.B.Nambi Selvan, Additional Public Prosecutor PETITION FOR BAIL Under Section 439 of Cr.P.C. PRAYER :- For Bail in S.C.No.322 of 2019 before the learned VI Additional District and Sessions Judge, Madurai, in Crime No.140 of 2014 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused No.19, who is facing a case for the offences punishable under Sections 120(b), 147, 148, 115, 341, 302 and 149 of IPC, in S.C.No.322 of 2019, on the file of the learned VI Additional District and Sessions Judge, Madurai, in Crime No.140 of 2014, on the file of the respondent police, seeks bail. 2.It is seen from the records that since the petitioner has not turned up for the hearing on 17.02.2022, Non-Bailable Warrant (NBW) was issued and that warrant was executed on 22.04.2022 and he is still in custody.

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.

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4.The learned Additional Public Prosecutor appearing for the respondent submits that the petitioner is having 15 previous cases.

5. In reply, the learned counsel for the petitioner submitted that out of 15 previous cases, six cases were ended in acquittal.

6. Taking into consideration the facts and circumstances of the case and also considering the fact that earlier the petitioner was granted bail and also taking into consideration the period of incarceration, this Court is inclined to grant bail to the petitioner.

7.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 VI Additional District Judge, Madurai. (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 trial Court on every Tuesday 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]. sd/- 06/10/2022 / TRUE COPY / 06/10/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE VI ADDITIONAL DISTRICT JUDGE, MADURAI 2 THE INSPECTOR OF POLICE THEPPAKKULAM POLICE STATION, MADURAI.

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3 THE SUPERINTENDENT CENTRAL PRISON, MADURAI.

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

ORDER

IN CRL OP(MD) No.17916 of 2022 Date :06/10/2022 csm/aav PKP/VR/SAR-4/06.10.2022/3P/5C 3/3