CRL OP(MD). No.1551 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.1551 of 2023

1. Manogaran

2. Jone Vesiley

... Petitioners/Accused

Vs

State Rep.by

The Inspector of Police,

Sethubavachatram Police Station,

Thanjavur District.

Crime No. 8/2023.

... Respondent/Complainant

For Petitioners

: M/s.Anandan.B, Advocate.

For Respondent

: Mr.M.Veeranthiran,

Government Advocate (Crl.Side)

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

PRAYER :-

For Bail in Crime No. 8 of 2023 on the file of the respondent

police.

ORDER : The Court made the following order :-

The petitioners/A1 and A4, who were arrested and remanded to

judicial custody on 10.01.2023 for the offences punishable under

Section 25(1-A) of Arms Act in Crime No.8 of 2023 on the file of

the respondent police, seek bail.

2.The case of the prosecution is that the petitioners along

with other accused said to have threatened the public showing aruval

and on seeing the police they escaped from the scene of occurence.

Hence the case.

3.The learned counsel appearing for the petitioners would

submit the petitioners are innocent and a false case has been

foisted against them. He would further submit that the petitioners

are in custody from 10.01.2023, hence he seeks bail.

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CRL OP(MD). No.1551 of 2023

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

respondent would submit that the petitioners along with other

accused has threatened the public showing aruval, hence he objected

to grant bail to the petitioners.

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

petitioners subject to the following conditions:

(a) Accordingly, the petitioners are ordered to be released on

bail on condition to execute 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 District Munsif cum Judicial Magistrate,

Peravurani, Thanjavur District 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 petitioners shall stay at Dindigul and report before

the Dindigul town North Police Station daily at 10.30 am., until

further orders.

(d) the petitioners shall not commit any offences of similar

nature;

(e) the petitioners shall not abscond either during

investigation or trial;

(f) the petitioners 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 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];

(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

Sub-Assistant Registrar (C.S.)

Madurai Bench of Madras High Court,

Madurai - 625 023.

AAV

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CRL OP(MD). No.