Madras High Court
Sudalaimuthu vs The State on 16 May, 2024
Crl.O.P.(MD) No.6996 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
(Criminal Jurisdiction)
Date : 16.05.2024
PRESENT
THE HON'BLE MR.JUSTICE P.VADAMALAI
Crl.O.P.(MD) No.6996 of 2024
Sudalaimuthu
S/o.Arunachalam ... Petitioner/Rank Unknown
Vs.
The State,
Rep. by the Inspector of Police,
Moondradaippu Police Station,
Tirunelveli District.
(Crime No.46/2024) ... Respondent/Complainant
For Petitioner : Mr.K.Suyambulingabharathi
Advocate
For Respondent : Mr.R.Meenakshi Sundaram
Additional Public Prosecutor
PETITION FOR BAIL Under Sec.439 of Cr.P.C.
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Crl.O.P.(MD) No.6996 of 2024
PRAYER :-
For Bail in Crime No.46/2024 on the file of the Respondent Police.
ORDER :The Court made the following order :-
The petitioner/rank unknown who was arrested and remanded to judicial custody on 09.04.2024 for the offences punishable under Sections 395 & 397 of IPC in Crime No.46 of 2024 on the file of the respondent police seeks bail.
2. The case of the prosecution is that on 10.02.2024, the de facto complainant was travelling on his two-wheeler from Srivilliputhur to Nagercoil, through Tirunelveli-Nagercoil National Highway Road and at about 01.15 a.m., when the de facto complainant was coming near Sakthi Tea Stall, Moondradaippu, Tirunelveli District, 6 unknown persons intercepted him and snatched the mobile phone worth about Rs.8,000/- from him and also attacked him. Hence, the complaint. ____________ Page No.2 of 7 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.6996 of 2024
3. The learned counsel for the petitioner would submit that the petitioner is innocent and a false case has been foisted against him. He would further submit that the petitioner was arrested after a month from the date of alleged occurrence, and that co-accused were enlarged on bail on 08.05.2024 by the learned Vacation Session Judge, Court of Sessions, Tirunelveli in Cr.M.P.Nos.3780 & 3784 of 2024 and therefore, the petitioner may also be enlarged on bail. He would further submit that the petitioner is in custody from 09.04.2024 and therefore seeks bail.
4. The learned Additional Public Prosecutor appearing for the respondent Police would submit that there are 10 previous cases against the petitioner herein. Hence, he objects to grant bail to the petitioner and prays for dismissal of this Criminal Original Petition.
5. Heard both sides. Perused the materials available on record including the First Information Report [F.I.R.]. ____________ Page No.3 of 7 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.6996 of 2024
6. Taking into consideration of the facts and submissions made by the learned counsels and the duration of incarceration and also taking note of the fact that the co-accused were already released on bail by the learned Vacation Sessions Judge, Court of Sessions, Tirunelveli on 08.05.2024 in Cr.M.P.Nos.3780 & 3784 of 2024, this Court is inclined to grant bail to the petitioner, subject to the certain conditions.
7. Accordingly, the petitioner is ordered to be released on bail on his executing 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 learned Judicial Magistrate, Nanguneri, Tirunelveli District, and on further conditions that :-
[a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar Card or Bank Pass Book to ensure their identity.
[b] the petitioner shall report before the respondent police daily twice at 10.00 a.m., and 5.00 p.m., for a period ____________ Page No.4 of 7 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.6996 of 2024 of one month and thereafter as and when required for interrogation;
[c] the petitioner shall not abscond either during investigation or trial.
[d] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[e] 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 is 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].
[f] If the petitioner thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
(P V M J) 16.05.2024 JEN ____________ Page No.5 of 7 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.6996 of 2024 TO
1.The Judicial Magistrate, Nanguneri, Tirunelveli District
2.The Superintendent, Central Prison, Palayamkottai, Tirunelveli District.
3.The Inspector of Police, Moondradaippu Police Station, Tirunelveli District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
____________ Page No.6 of 7 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.6996 of 2024 P. VADAMALAI, J.
JEN Order in Crl.O.P.(MD) No.6996 of 2024 Date : 16.05.2024 ____________ Page No.7 of 7 https://www.mhc.tn.gov.in/judis