Vellapandi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/01/2024 PRESENT The Hon`ble Mr.Justice M.DHANDAPANI

1. Vellapandi, 2.Vijay ... Petitioners/Accused No.8 & 13 Vs The State rep. by, The Inspector of Police, Palayamkottai Police Station, Tirunelveli District.

Crime No.1306 of 2023.

... Respondent/Complainant For Petitioners : M/s.S.P.Veerapandi, Advocate.

For Respondent : Mr.B.Nambiselvan, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.1306 of 2023 on the file of the Respondent Police. 1/6

ORDER : The Court made the following order :- The petitioners / accused Nos.8 and 13, who were arrested and remanded to judicial custody on 14.11.2023 for the offence punishable under Sections 143 IPC r/w.25(1)(A) of Arms Act, r/w. Sections 4(b) and 5 of Explosive Substances Act, in Crime No.1306 of 2023 on the file of the respondent Police, seek bail.

2. The case of the prosecution is that on 14.11.2023, when the respondent Police was in routine check up at Palayamkottai KTC Nagar, they stopped the Boloro car bearing Reg.No.TN 72 CU 5371 and Innova Car bearing Reg.No.TN 02 AC 7048 and on search, the petiitoners and the other accused were found in possession of two bottles filled with petrol and lamp wick and some Sackle (Aruval). Hence, the complaint.

3. The learned counsel appearing for the petitioners would submit that the petitioners are innocent persons and they have not committed any such offence as alleged by the prosecution. He would further submit that the petitioners have been falsely implicated in this case and that the co-accused persons have been granted bail by this Court on 11.12.2023 in Crl.O.P(MD).No.22263 of 2023. He would further submit that the petitioners are in judicial custody from 14.11.2023. Hence, he prays 2/6

for bail.

4. The learned Additional Public Prosecutor appearing for the respondent would submit that the investigation is yet completed.

5. Heard the learned counsel on either side.

6. Considering the facts and circumstances of the case and the fact that the coaccused persons have been granted bail by this Court, this court is inclined to grant bail to the petitioners, subject to the following conditions:

7. Accordingly, the petitioners are ordered to be released on bail on executing 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 No.1, Tirunelveli District and on further conditions that: (a)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; 3/6

(b) the petitioners are directed to appear before the respondent police daily at 10.30 a.m., until further orders; (c)the petitioners shall not tamper with evidence or witness either during investigation or trial;

(d)the petitioners shall not abscond either during investigation or trial;

(e)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 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]; and; 4/6

(f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 03/01/2024 / TRUE COPY / 03/01/2024 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

SSB TO

1. The Judicial Magistrate No.1, Tirunelveli District.

2. Do through the Chief Judicial Magistrate, Tirunelveli District.

3. The Superintendent, Central Prison, Palayamkottai, Tirunelveli District.

4. The Inspector of Police, Palayamkottai Police Station, Tirunelveli District.

5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.P.VEERAPANDI, Advocate ( SR-53[I] dated 03/01/2024 ) 5/6

ORDER

IN CRL OP(MD) No.22203 of 2023 Date :03/01/2024 SSA/03.01.2024/6P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6