S.Xavier Jonson v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/11/2023 PRESENT The Hon`ble Mr.Justice P. VADAMALAI S.Xavier Jonson, ... Petitioner/Accused No.2 Vs State Rep.by The Inspector of Police, Mathur Police Station, Pudukottai District.
(Crime No.147/2023)..
... Respondent/Complainant For Petitioner : Mr.A. Joseph Jerry, 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.147/2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner /A2 who was arrested and remanded to judicial custody on 1/5
24.10.2023 for the offence under sections 25(1-A),27(1) Arms Act in Crime No.147 of 2023 on the file of the respondent police seeks bail.
2. The case of the prosecution is that the petitioner along with other accused said to have threatened the public showing long iron rod. Hence the case.
3. The learned counsel for the petitioner would submit that the petitioner is innocent and a false case has been foisted against him. He would further submit that the petitioner is in custody from 24.10.2023, hence he seeks bail.
4. The learned Additional Public Prosecutor would submit that petitioner along with other accused said to have threatened the public showing long iron rod, hence he objected to grant bail to the petitioner. He would further submit that one previous case is pending against the petitioner.
5. In reply the learned counsel for the petitioner would submit that the previous case also ended in acquittal.
6. Taking into consideration the facts and circumstances of the case and also the fact that one previous case pending against the petitioner also ended in acquittal and also taking into consideration the period of incarceration this court is inclined to grant bail to the petitioner, subject to the following conditions: [a] Accordingly, the petitioner is ordered to be released on bail on condition to execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with 2/5
two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Keeranur, Pudukottai District and on further conditions that: [b] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity.
[c] the petitioner shall report before the respondent police daily at 10.30 A.M., and 5.30 P.M., for a period of one month and thereafter as and when required for interrogation.
[d] the petitioner shall not commit any offences of similar nature. [e] the petitioner shall not abscond either during investigation or trial. [f] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[g] On breach of any of the aforesaid conditions, the learned Judicial 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]. 3/5
[h] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
sd/- 06/11/2023 / TRUE COPY / 06/11/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
AAV TO THE JUDICIAL MAGISTRATE, KEERANUR, PUDUKKOTTAI.
DO THROUGH:
THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI DISTRICT.
THE INSPECTOR OF POLICE MATHUR POLICE STATION, PUDUKOTTAI DISTRICT.
THE OFFICER INCHARGE DISTRICT PRISON, PUDHUKOTTAI THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
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+1 CC to M/s.A.JOSEPH JERRY, Advocate ( SR-15974[I] dated 06/11/2023 )
ORDER
IN CRL OP(MD) No.19865 of 2023 Date :06/11/2023 PKP/06.11.2023/ 5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5