Allowed

Murgan v. the State Rep.by

Madras HC19 Jan 2023CRL OP/116/2023

Case brief

AI extract

What is this about?

In a bail petition under Section 439 Cr.P.C., the High Court of Madras granted bail to an accused remanded in judicial custody for over 129 days alleging robbery of gold ornaments, subject to surety bond, residence conditions, and reporting requirements.

What did the court decide?

Petitioner released on bail on bond of Rs.10,000 with two sureties (one blood surety), subject to daily reporting conditions.

Murgan Vs the State Rep.by — Corruption | Madras HC (2023)

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Crl.O.P.No.116 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Dated : 19.01.2023

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CORAM :

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THE HON'BLE MRS. JUSTICE T.V. THAMILSELVI

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Crl.O.P.No.116 of 2023

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Murugan, S/o.Narayanamurthy

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... Petitioner

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Vs.

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The State rep. by The Inspector of Police, Jolarpet Police Station, Tirupathur Dt. (Crime No.249 of 2022) ... Respondent

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PRAYER : Criminal Original Petition is filed under Section 439 of Criminal Procedure Code to enlarge the petitioner on bail in Crime No.249 of 2022 pending on the file of respondent police.

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For Petitioner : Mr.M.Sathish Kumar For Respondent : Mr.S.Vinoth Kumar,

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.116 of 2023

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Govt. Advocate (Crl.Side.)

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O R D E R

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The petitioner, who was arrested and remanded to judicial

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custody on 10.09.2022 for the alleged offence under Sections 392 of I.P.C. in Crime No.249 of 2022 on the file of the respondent police, seeks bail.

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The case of prosecution is that on 22.08.2022, when the defacto

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complainant picking her brother's children from the school van, at that time, the petitioner along with other accused came in a two wheeler and and robbed 3 sovereigns of her gold chain. Hence, the complaint was registered against the petitioner.

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The learned counsel appearing for petitioner submitted that the entire allegation is false, vindictive, wanton and he is no way connected with the offence. He would submit that he has not at all committed any of offence as alleged by the respondent police and due to previous enmity, he has been falsely implicated in this case and he will abide by any

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.116 of 2023

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condition imposed by this court. He would submit that he was arrayed as accused in this case for the reason that as he had a previous case, when he was hospitalised for general surgery in the hospital at Vellore from 23.04.2022 and 28.04.2022 and as per advise, he was in a bed rest in his residence, the respondent police took him for enquiry and foisted this false case. He would further submit that the investigation is almost completed and that the petitioner has been suffering incarceration for more than 129 days from 10.09.2022. Hence, he prayed to grant bail to the petitioner.

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The learned Government Advocate (Crl. Side) appearing for respondent would submit that when the defacto complainant picking her brother's children from the school, the petitioner along with other accused came in a two wheeler and robbed 3 sovereigns of her gold chain. He would submit that only a sum of Rs.1000/- was recovered from him and so far, jewel was not recovered. He would submit that he is having 6 previous cases similar in nature pending against him. He would submit that that if he is released on bail, he would tamper the witnesses and hamper the investigation and the investigation is almost completed. 3/7

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.116 of 2023

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Hence, he vehemently opposed to grant bail to the petitioner.

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Considering the above facts and circumstances, and also considering the fact that amount of Rs.1000/- recovered from him and also the fact that the investigation almost completed and also considering

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the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner subject to the following conditions:

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Accordingly, the petitioner is ordered to be released on bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each, in which one surety must be a blood surety, for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Thirupathur, Thirupathur Dt., and on further conditions that:

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(a) 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;

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(b) the petitioner shall stay at Ramanathapuram and report before the Town Police Station,

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.116 of 2023

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Ramanathapuram daily at 10.30 a.m. for the period of two months and thereafter, he shall report before the respondent police daily at 10.30 a.m. for another period of eight weeks;

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(d) the petitioner shall not abscond either during investigation or trial;

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(e) the petitioner shall not tamper with evidence or witness either during investigation or trial;

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(f) on breach of any of the aforesaid conditions, the learned Judicial 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];

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(g) if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

19.01.2023

rpp

The Judicial Magistrate No.I,

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.116 of 2023

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Thirupathur, Thirupathur Dt.

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Inspector of Police, Jolarpet Police Station, Thirupathur Dt.

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The Superintendent of Prison, Central Prison, Vellore, Vellore Dt.

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4.The Public Prosecutor, High Court of Madras, Chennai.

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Crl.O.P.No.116 of 2023

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T.V. THAMILSELVI, J.

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rpp

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Crl.O.P.No. 116 of 2023

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19.01.2023

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Murgan v. the State Rep.by

Case brief

What is this about?

What did the court decide?

Murgan v. the State Rep.by

Case brief

What is this about?

What did the court decide?

What the court decided

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Cases cited

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