In a bail application filed under Section 439 CrPC, the High Court of Judicature at Madras granted bail to the petitioner accused of robbery and criminal intimidation. The court considered the prolonged incarceration and the completion of investigation factors.
Petitioner released on bail subject to bond of Rs.10,000 with two sureties and specific 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.O.P.No.295 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 25.01.2023
CORAM :
THE HON'BLE MRS. JUSTICE T.V. THAMILSELVI
Crl.O.P.No.295 of 2023
Vijay, S/o.Thangapandi
... Petitioner
Vs.
The State rep. by The Inspector of Police, Fairlands Police Station, Salem Dt. (Crime No.772 of 2022) ... Respondent
PRAYER : Criminal Original Petition is filed under Section 439 of Criminal Procedure Code to enlarge the petitioner on bail in Crime No.772 of 2022 pending on the file of respondent police.
For Petitioner : Mr.S.Muthukoodalingam For Respondent : Mr.S.Vinoth Kumar, Govt. Advocate (Crl.Side.)
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Crl.O.P.No.295 of 2023
O R D E R
The petitioner, who was arrested and remanded to judicial custody on 28.11.2022 for the alleged offence under Sections 392, 397 and 506(ii) of I.P.C. in Crime No.772 of 2022 on the file of the respondent police, seeks bail.
he has been falsely implicated in this case and he will abide by any condition that may be imposed by this court. He would further submit that the investigation is almost completed and that the petitioner has been
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suffering incarceration for more than 57 days from 28.11.2022. Hence,
he prayed to grant bail to the petitioner.
Crl.O.P.No.295 of 2023
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.5, Salem, and on further conditions that:
(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;
(b) the petitioner shall report before the respondent police on every Wednesday at 10.30 a.m. for period of eight weeks;
(c) the petitioner shall not commit any offences of similar nature;
(d) the petitioner shall not abscond either during investigation or trial;
(e) the petitioner shall not tamper with evidence or witness either during investigation or trial;
Crl.O.P.No.295 of 2023
(g) if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
25.01.2023
rpp
To
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Crl.O.P.No.295 of 2023
T.V. THAMILSELVI, J.
rpp
Crl.O.P.No. 295 of 2023
25.01.2023
2 issues framed by the court
Whether bail should be granted to the petitioner who is in judicial custody.
Whether the petitioner would tamper with witnesses or destroy evidence if released on bail.
Colour shows how this judgement treated each authority
P.K.Shaji vs. State of KeralaReferred¶40
P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560] · Who else cites this
2 provisions across 2 enactments
Vijay
The State
T.V. Thamilsethi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
