Nagarajan v. The Inspector Of Police

CRL OP(MD). No.19912 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/11/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CRL OP(MD). No.19912 of 2022 Nagarajan ... Petitioner/Sole Accused Vs State Rep.by The Inspector of Police, PEW Srivilliputhur Police Station, Virudhunagar District.

(Crime No.1167 of 2022) ... Respondent/Complainant For Petitioner : M/s.Suresh Kannan C, 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.1167 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Sole Accused, who was arrested and remanded to judicial custody on 28.09.2022 for the offences punishable under Sections 420, 468 and 471 of IPC, in Crime No.1167 of 2022 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner was found in possession of fake liquor bottles, printed forged labels and forged hologram stickers. Hence, the complaint. 3.The learned counsel for the petitioner would submit that this is the third bail application and the petitioner is an innocent person and he has been falsely implicated in this case. He would further submit that the petitioner is in judicial custody from 28.09.2022 and hence, he may be released on bail. 4.The learned Additional Public Prosecutor appearing for the respondent police would submit that the petitioner is a habitual offender and he is having fourteen previous cases, which are similar in nature. He would further submit that the detention order was passed against the petitioner and subsequently, it was revoked by the Government and the investigation in this case is still pending. Hence, he strongly opposed for grant of bail to the petitioner. https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.19912 of 2022 5.Considering 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, Virudhungar 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/- 10/11/2022 / TRUE COPY / 10/11/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

To 1 THE JUDICIAL MAGISTRATE NO.II, SIVAKASI, VIRUDHUNAGAR DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTTUR.

3 THE OFFICER INCHARGE, SUB JAIL, VIRUDHUNAGAR. 4 THE INSPECTOR OF POLICE, PEW SRIVILLIPUTHUR POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

+1 CC to M/s.C.SURESH KANNAN, Advocate ( SR-12798[I] dated 10/11/2022 )

ORDER

IN CRL OP(MD) No.19912 of 2022 Date :10/11/2022 CP RS/TR/SAR.(10.11.2022) 2P-7C https://www.mhc.tn.gov.in/judis 2/2