CRL OP(MD). No.1017 of 2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

( Criminal Jurisdiction )

Date : 27/01/2023

PRESENT

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

CRL OP(MD). No.1017 of 2023

Murali

... Petitioner/Accused No.1

Vs

The State rep.by

The Inspector of Police,

Thanjavur South Police Station,

Thanjavur District.

Crime No.1503 of 2022.

... Respondent/Complainant

For Petitioner : M/s.Senthil Murugan C,

Advocate.

For Respondent : Mr.K.Sanjai Gandhi,

Government Advocate (Crl.Side)

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

PRAYER :- For Bail in Crime No.1503 of 2022 on the file of the

Respondent Police.

ORDER : The Court made the following order :-

The petitioner/A1, who was arrested and remanded to judicial

custody on 01.12.2022 for the offences punishable under Section

25(1-A) of Arms Act in Crime No.1503 of 2022 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 aruval.

Hence the case.

3. The learned counsel appearing for the petitioner would

submit the petitioner is innocent and a false case has been foisted

against him. He would further submit that co- accused in this case

was granted bail by the lower court. He would further submit that

since the petitioner has got three previous cases under NDPS Act,

inorder to curtail the future activities of the petitioner, a false

case has been foisted against him, hence he seeks bail.

4.The learned Government Advocate(Crl.Side) appearing for the

respondent would submit that the petitioner along with other accused

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CRL OP(MD). No.1017 of 2023

said to have threatened the general public showing aruval. He would

further submit that the petitioner has got three previous cases

under the NDPS Act, hence he objected to grant bail to the

petitioner.

5. Heard both sides and perused the materials available on

record including the First Information Report.

6.Taking into consideration of the facts and submissions made

by the learned counsels 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.10,000/- (Rupees

Ten Thousand only), with two sureties each for a like sum to the

satisfaction of the learned Judicial Magistrate No.I, Thanjavur 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 stay at Madurai and report before the

Tallukulam Police Station daily at 10.30 am., 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/-

27/01/2023

/ TRUE COPY /

27/01/2023