Murugan v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01/09/2023 PRESENT The Hon`ble Mr.Justice P. DHANABAL Murugan ... Petitioner/Sole Accused

Vs The State rep.by, The Inspector of Police, Moolakaraipatty Police Station, Tirunelveli District. (Crime No.149 of 2023). ... Respondent/Complainant For Petitioner : M/s.Veerapandi.S.P,

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.149 of 2023 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 11.08.2023 for the offence punishable under Section 379 of IPC in Crime No.149 of 2023 on the file of the respondent Police, seek bail.

¶2The case of the prosecution is that the petitioner has illegally transported 1 ½ unit of M.sand, hence the case came to be registered.

¶3The learned counsel appearing for the petitioner would contend that the petitioner is innocent and a false case has been foisted again him The petitioner was arrested and remanded to judicial custody on 11.08.2023 and he is still in judicial custody, hence he may be granted bail.

¶4The learned Additional Public Prosecutor appearing for the respondent would contend that the petitioner has illegally transported 1 ½ unit of M.sand, hence he strongly objected to grant bail to the petitioner. However he fairly concedes that no previous case is pending against the petitioner.

¶5Heard both side and perused the materials available on record.

¶6Considering the rival submissions on either side and considering the period of incarceration and also the quantity of materials involved in this case and also considering the fact that no previous case is pending against the petitioner and considering all other aspects 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.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Nanguneri and on further conditions that: [b] the petitioner shall report before the respondent police on every Saturday at

10.00 am., for a period of four weeks and thereafter as and when required for interrogation.

[c] the petitioner shall not commit any offences of similar nature. [d] the petitioner shall not abscond either during investigation or trial. [e] the petitioner shall not tamper with evidence or witness either during investigation or trial. [f] 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].

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/-

01/09/2023

/ TRUE COPY /

01/09/2023

Sub-Assistant Registrar (C.S. )

Madurai Bench of Madras High Court,

Madurai - 625 023. aav TO

¶1THE JUDICIAL MAGISTRATE, NANGUNERI. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI.

3.THE INSPECTOR OF POLICE, MOOLAKARAIPATTY POLICE STATION, TIRUNELVELI DISTRICT.

4.THE OFFICER IN CHARGE, SUB JAIL, NANGUNERI.

5.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.S.P.VEERAPANDI, Advocate ( SR-13118[I] dated 01/09/2023 ) ORDER IN CRL OP(MD) No.15965 of 2023 Date :01/09/2023

RK (01/09/2023) 5P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023