CRL OP(MD). No.8039 of 2022

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

( Criminal Jurisdiction )

Date : 28/04/2022

PRESENT

The Hon`ble Mr.Justice K.MURALI SHANKAR

CRL OP(MD). No.8039 of 2022

Nandakumar

... Petitioner/Accused No.3

Vs

The State rep.by,

The Inspector of Police,

Viralimalai Police Station,

Pudukkottai District.

(In Crime No.311 of 2020)

... Respondent/Complainant

For Petitioner : MR.V.Karuna, Advocate for

M/s.R.Yamuna, Advocate.

For Respondent : Mr.M.Muthumanikkam,

Government Advocate (Crl.Side)

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

PRAYER :-For Bail in Crime No.311 of 2020 on the file of the

Respondent Police.

ORDER : The Court made the following order :-

The petitioner/A3, who was arrested and remanded to judicial

custody on 04.04.2022 for the offences punishable under Sections 392

@ 392, 394 and 397 of IPC, in Crime No.311 of 2020, on the file of

the respondent police, seeks bail.

2.The case of the prosecution is that on 25.05.2020, when the

de-facto complainant went to her job and return back to her home,

the petitioner and other accused intercepted the de-facto

complainant by showing knife and snatched her jewels, cash of

Rs.18,000/- and one mobile phone. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the

petitioner is innocent person and he has not committed any offence

as alleged by the prosecution.

4.Since the petitioner has not complied with the condition

imposed in Cr.M.P.No.3529 of 2020, dated 21.09.2020, Non-Bailable

Warrant (NBW) was ordered to be issued and that the petitioner has

surrendered before the Principal District and Sessions Judge on

04.04.2022 to recall the warrant on the same day. But the learned

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CRL OP(MD). No.8039 of 2022

Principal District and Sessions Judge, Pudukkottai has dismissed the

application and remanded the petitioner to judicial custody.

5.The learned Government Advocate (Crl. side) would submit that

the petitioner is having two previous cases.

6.Considering the above facts and circumstances of the case and

also the fact that the petitioner is in judicial custody from

04.04.2022, this Court is inclined to grant bail to the petitioner

subject to the following conditions:

7.Accordingly, the petitioner is ordered to be released on bail

on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five

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

satisfaction of the learned Judicial Magistrate, Iluppur,

Pudukkottai District.

(i)the sureties shall affix their photographs and left thumb

impression in the surety bond and the Magistrate/concerned court may

obtain a copy of their Aadhar card or Bank Pass Book to ensure their

identity;

(ii)the petitioner shall stay at Thiruvannamalai and report

before the Inspector of Police, Thiruvannamalai Town Police Station,

Thiruvannamalai daily at 10.30 a.m for a period of thirty days and

thereafter, report before the respondent police daily at 10.30

a.m., until further orders;

(iii)the petitioner shall not tamper with evidence or witness;

(iv)the petitioner shall not abscond during trial;

(v)On breach of any of the aforesaid conditions, the learned

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].

(vi)If the accused / petitioner thereafter abscond, a fresh FIR

can be registered under Section 229A IPC.

sd/-

28/04/2022

/ TRUE COPY /

28/04/2022