The court has the discretion to grant bail to an accused person based on the facts and circumstances of the case, including the period of incarceration undergone by the accused.

CRL OP(MD). No.805 of 2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

( Criminal Jurisdiction )

Date : 11/01/2023

PRESENT

The Hon`ble Mr.Justice A.D.JAGADISH CHANDIRA

CRL OP(MD). No.805 of 2023

Sivakumar

... Petitioner/Accused

Vs

The State Rep. by,

The Inspector of Police,

Alangulam Police Station,

Tirunelveli.

(Crime No.424 of 2022).

... Respondent/Complainant

For Petitioner : M/s.Thalaimutharasu.G,

Advocate

For Respondent : Mr.T.Senthil Kumar,

Additional Public Prosecutor

PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :-

For Bail in Crime No.424 of 2022 on the file of the respondent

police

ORDER : The Court made the following order :-

The petitioner/Accused, who was arrested and remanded to

judicial custody on 22.11.2022, for the offence punishable under

Section 379 IPC, in Crime No. 424 of 2022, on the file of the

respondent police, seeks bail.

2.The case of the prosecution is that the accused had

committed theft of copper wire worth about Rs.1,60,000/- from the

wind mill. Hence, the complaint.

3.The learned counsel for the petitioner would submit that

the petitioner is innocent and he has been falsely implicated in

this case. He is in noway connected with the offence. The

petitioner is in judicial custody from 22.11.2022. Hence, prays to

release the petitioner on bail.

4.The learned Additional Public Prosecutor would submit

that the petitioner is having one previous case under Tobacco Act.

The petitioner had stolen copper wire worth about Rs.1,60,000/-.

Hence, he strongly opposed to grant bail to the petitioner.

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CRL OP(MD). No.805 of 2023

5. Heard the learned counsel appearing on either side and

perused the materials placed before this Court.

6. Taking into consideration the facts and circumstances of

the case and considering the period of incarceration undergone by

the petitioner, this Court is inclined to grant bail to the

petitioner on certain 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, Alangulam, and on

further conditions that:

(b) the sureties shall affix their photographs and Left Thumb

Impression in the surety bond and the learned 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., until further orders;

(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];

(h) if the accused thereafter abscond, a fresh FIR can be

registered under Section 229A IPC.

sd/-

11/01/2023

/ TRUE COPY /

11/01/2023

Sub-Assistant Registrar (C.S.)

Madurai Bench of Madras High Court,

Madurai - 625 023.

PNM

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CRL OP(MD). No.805 of 2023

TO

1. THE JUDICIAL MAGISTRATE,

ALANGULAM, TIRUNELVELI.

2. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE,