Madurai Bench of Madras High Court granted bail to two petitioners arrested for counterfeit currency offences. The Court noted the investigation was nearly complete and no prior cases were pending against them.
Petitioners released on bail with personal bond of Rs.10,000 each and two blood sureties, subject to strict reporting and conduct conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CRL OP(MD). No.16133 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )
Date : 30/12/2020
PRESENT
The Hon`ble Mr.Justice G.ILANGOVAN
CRL OP(MD). No.16133 of 2020
Vs
State Rep.by The Inspector of Police, Koodalpudur Police Station, Madurai City. Crime No.1730 Of2020 ... Respondent/Complainant
For Petitioners : Mr.PThambidurai, Advocate. For Respondent : Mr.Seenivasan, Government Advocate (Crl.Side)
PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- For Bail Crime No.1730 of 2020 on the file of the Respondent Police.
ORDER : The Court made the following order :-
The petitioners/A3 & A5, who were arrested and remanded to judicial custody on 26.11.2020 for the offences punishable under Section 489(b) of IPC on the file of the respondent police seeks bail.
2.The case of the prosecution is that the defacto complainant is running a grocery shop at Melapanangadi and on 24.11.2020 A1 came to the shop of the defacto complainant for purchasing oil and gave Rs.500/-which was suspected by the de-facto complainant and handed over A1 to the respondent police. After enquiry it came to know that A1 with the help of these petitioners used the counterfeit currency note as genuine and circulated among the public.
3.The learned counsel for the petitioners would submit that the petitioners are innocent and no way connected with the alleged offence. He would also submit that based on the confession statement given by A-1, these petitioners have been falsely https://hcservices.ecourts.gov.in/hcservices/ implicated in this case.
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CRL OP(MD). No.16133 of 2020
6.Accordingly, the petitioners are ordered to be released on bail on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two blood sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.IV, Madurai
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 petitioners shall report before the respondent police daily at 10.30 a.m until further orders.
iii)the petitioners shall not tamper with evidence or witness.
iv) the petitioners 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 petitioners 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 thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
sd/-
30/12/2020
/ TRUE COPY /
/ /2020
Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, https://hcservices.ecourts.gov.in/hcservices/ Madurai - 625 023.
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CRL OP(MD). No.16133 of 2020
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 CC to M/s.P.THAMBIDURAI, Advocate ( SR-8579[I] dated 30/12/2020 )
MS/PN/SAR-3/30.12.2020/3P.7C
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2 issues framed by the court
Whether bail should be granted to the petitioners arrested under Section 489(b) IPC in view of the fact that the investigation is almost over.
Whether conditions of bail including police reporting and non-tampering of witnesses should be imposed.
Colour shows how this judgement treated each authority
P.K.Shaji vs. State of KeralaReferred¶26
P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560] · Who else cites this
2 provisions across 2 enactments
Eswaran
Mani
State Rep. by Inspector of Police
G. ILANGOVAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
