CRL OP(MD). No.9317 of 2022

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

( Criminal Jurisdiction )

Date : 18/05/2022

PRESENT

The Hon`ble Mrs.Justice T.V.THAMILSELVI

CRL OP(MD). No.9317 of 2022

Prakash @ Thakkali Prakash

... Petitioner/Accused

Vs

The State rep.by,

The Inspector of Police,

Kumbakonam East Police Station,

Kumbakonam, Thanjavur District

(Crime No.228 of 2022)

... Respondent/Complainant

For Petitioner : Mr.K.S.Duraipandian,

Advocate.

For Respondent : Mr.M.Vaikkam Karunanithi,

Government Advocate (Crl.Side)

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

PRAYER :-For Bail in Crime No. 228 of 2022 on the file of the

respondent police.

ORDER : The Court made the following order :-

The petitioner/Sole Accused, who was arrested and remanded

judicial custody on 16.04.2022 for the offences punishable under

Sections 294(b), 506(2), 392, 397 of IPC and r/w 27(1) of ARMS ACT,

in Crime No.228 of 2022, on the file of the respondent police, seeks

bail.

2. The case of the prosecution is that the petitioner robbed a

sum of Rs.200 from the defacto complainant by showing Aruval.

3.The learned counsel for the petitioner submits that the

petitioner is the sole accused and he has not committed any offence.

He further submits that the petitioner has been falsely implicated

in this case.

4.The learned Government Advoacte(Crl.side) appearing for the

respondent submits that the investigation is almost completed and

also submits that the petitioner is a history sheeted rowdy and

seven previous cases are pending against this petitioner.

5.The petitioner is the sole accused and investigation is

almost completed with regard to the petitioner and the petitioner is

in custody from 16.04.2022.

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CRL OP(MD). No.9317 of 2022

6.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 Judicial Magistrate No.I, Kumbakonam.

(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 report before the respondent police

daily at 10.30 a.m., for a period of three months and thereafter as

and when required for interrogation;

(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].

sd/-

18/05/2022

/ TRUE COPY /

18/05/2022

Sub-Assistant Registrar (C.S.)

Madurai Bench of Madras High Court,

Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic,

a web copy of the order may be utilized for official purposes, but,

ensuring that the copy of the order that is presented is the correct

copy, shall be the responsibility of the advocate/litigant

concerned.

TO

1 THE JUDICIAL MAGISTRATE NO.1, KUMBAKONAM

2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE,

THANJORE DISTRICT AT KUMBAKONAM.

3 THE SUPERINTENDENT,

CENTRAL PRISON, TRICHY.

4 THE INSPECTOR OF POLICE

KUMBAKONAM EAST POLICE STATION, KUMBAKONAM,

THANJAVU