Alagarsamy v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/10/2023 PRESENT The Hon`ble Mr.Justice V. SIVAGNANAM
1. Alagarsamy,
2. Raja ... Petitioners/Accused 1 and 3 Vs The State represented by The Inspector of Police, Mathur Police Station, Pudukottai District.
(Crime No.120 of 2023).
... Respondent/Complainant For Petitioners : M/s.Subash Chandra Bose.M, Advocate.
For Respondent : Mr.R.M.S.Sethuraman, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- For Bail in Crime no.120 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners/A1 and A3, who were arrested and remanded to judicial custody on on 14.09.2023 for the alleged offence punishable under Sections 25(1-A) 1/5
and 27(1) of Arms Act in Crime No.120 of 2023, on the file of the respondent police, seek bail.
2. The case of the prosecution is that the petitioners along with other accused have threatened the general public showing aruval and caused traffic obstruction. Hence the case.
3. The learned counsel appearing for the petitioners would contend that the petitioners are innocent and they have not committed any offence as alleged by the prosecution. He would further submit that the petitioner is is custody from 14.09.2023, hence he seek bail.
4. The learned Additional Public Prosecutor appearing for the respondent Police would submit that petitioners along with other accused said to have threatened the general public showing aruval and caused traffic obstruction. He would further submit that A1 is having one previous case and A3 is having no previous case hence, he strongly objected to grant bail to the petitioners.
5. Heard both sides and perused the materials available on record.
6. Considering the facts and circumstances and also taking into consideration the period of incarceration and also considering all other aspects, this Court is inclined to grant bail to the petitioners, subject to the following conditions: 2/5
[a] Accordingly, the petitioners are ordered to be released on bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Keeranur, Pudukottai District and on further conditions that: (ii) 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; (iii) the petitioners shall appear before the respondent police on every Monday at 10.00 am., until further orders.
(iv)the petitioners shall not tamper with evidence or witness; (v)the petitioners shall not abscond during trial. vi) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail 3/5
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]. vii)If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
sd/- 05/10/2023 / TRUE COPY / 05/10/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.
AAV TO 1 THE JUDICIAL MAGISTRATE, KEERANUR, PUDUKOTTAI DISTRICT.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI DISTRICT.
3 THE INSPECTOR OF POLICE MATHUR POLICE STATION, PUDUKOTTAI DISTRICT.
4 THE OFFICER INCHARGE, SUB JAIL, PUDUKOTTAI.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
4/5
ORDER
IN CRL OP(MD) No.17612 of 2023 Date :05/10/2023 SS/05/10/2023/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5