Karuppu @ Karuppusamy v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/11/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN Karuppu @ Karuppusamy ... Petitioner/Accused No.1 Vs The State Rep. By, The Inspector of Police, Sivakasi East Police Station, Virudhunagar District.
(In Crime No.434 of 2022).
... Respondent/Complainant For Petitioner : M/s.Muthukannan B, Advocate.
For Respondent : Mr.S. Antony Sahaya Prabahar, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- For Bail in Crime No.434 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 09.10.2022 for the offence punishable under Sections 393 IPC and 25(1A) of Arms Act, in crime No.434 of 2022 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that when the defacto complainant was riding his two wheeler, the petitioner and other accused waylaid him and took away the money from his pocket and also threatened him with dire consequences. 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 and his name has been falsely implicated in this case. He would further submit that the petitioner is in judicial custody from 09.10.2022 and hence, he may be granted bail. 1/3
4.The learned Government Advocate (Crl. Side) would submit that the petitioner waylaid the defacto complainant and took away the money from him and also threatened him with dire consequences. He would further submit that investigation of the case is pending and he strongly opposed to grant bail to the petitioner. 5.Considering the facts and circumstances of the case 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 No.II, Sivakasi.
(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 appear before the Kovilpatti Police Station 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/- 08/11/2022 / TRUE COPY / 09/11/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
1. THE JUDICIAL MAGISTRATE NO.II, SIVAKASI.
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2. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.
3. THE OFFICER-INCHARGE, DISTRICT JAIL, VIRUDHUNAGAR.
4. THE INSPECTOR OF POLICE, SIVAKASI EAST POLICE STATION, VIRUDHUNAGAR DISTRICT.
5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.19671 of 2022 Date :08/11/2022 trp USK/SSS/SAR- /09.11.2022/3P/6C 3/3