Nandha @ Nandhakumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/10/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN Nandha @ Nandhakumar ... Petitioner/Accused Vs State Rep.by The Inspector of Police, Pattukkottai Town Police Station, Thanjavur District.

(Crime No.1202 of 2022) ... Respondent/Complainant For Petitioner : M/s.Krishnaveni P, 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.1202 of 2022 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/Accused, who was arrested and remanded to judicial custody on 11.10.2022 for the offences punishable under Section 25(1)(A) of Arms Act, in Crime No.1202 of 2022, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that on 11.10.2022, the petitioner was found in possession of long aruval and causing intimidation to the public. Hence, the complaint. 3.The learned counsel for the petitioner would submit that the petitioner is an innocent person and he did not commit any offence as alleged by the prosecution. He would further submit that the investigation in this case is over and the petitioner is in judicial custody from 11.10.2022. Hence, he may be released on bail. 4.The learned Additional Public Prosecutor appearingfor the respondent police strongly opposed for grant of bail to the petitioner on the ground that the petitioner was found in possession 1/3

of long aruval and causing intimidation to the public and he is having one previous case. He would further submit that the investigation in this case has been completed and the charge sheet has also been filed before the concerned Court. 5.Considering the facts and circumstances of the case and considering the period of incarceration and also the facts that investigation has been completed and the charge sheet has also been filed before the concerned Court, this Court is inclined to grant bail to the petitioner subject to the following 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, Pattukottai, Thanjavur 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]. sd/- 28/10/2022 / TRUE COPY / 28/10/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, PATTUKOTTAI, THANJAVUR DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

3 THE OFFICER INCHARGE, SUB JAIL, THANJAVUR.

4 THE INSPECTOR OF POLICE PATTUKKOTTAI TOWN POLICE STATION, THANJAVUR DISTRICT. 2/3

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

+1 CC to M/s.P.KRISHNAVENI, Advocate ( SR-12046[I] dated 28/10/2022 )

ORDER

IN CRL OP(MD) No.19134 of 2022 Date :28/10/2022 CP RS/SBN/SAR.(28.10.2022) 3P-7C 3/3