Madras High CourtCRL OP/9631/2017granted

K.Mukesh,M/A 22 Yrs, v. State Rep.By

2017-05-24Honourable Dr. Justice S. Vimala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Twenty Fourth day of May Two Thousand Seventeen PRESENT The Hon`ble Dr. Justice S. VIMALA CRIMINAL ORIGINAL PETITION No.9631 of 2017 K.MUKESH [ PETITIONER / ACCUSED ] Vs STATE REP.BY [ RESPONDENT ] THE INSPECTOR OF POLICE ENNORE POLICE STATION CR.NO.1105/2017 For Petitioner : M/S.S.P.MEENAKSHISUNDARAM Advocate For Respondent : MR. M.MOHAMED RIYAZ, Govt. Advocate ( Crl. Side) PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who was arrested on 25.04.2017 and remanded to judicial custody, for the alleged offences punishable under Sections 341, 294 (B), 336, 427, 392 read with Section 397 and 506 (ii) IPC, in Crime No.1105 of 2017, on the file of the respondent Police, seeks bail.

2. The allegation made against the petitioner / first accused is that, he waylaid the defacto complainant and has stolen a sum of Rs.2,800/-, watch and cell phone.

3. The learned counsel for the petitioner submitted that the petitioner has not committed any such offence and he has been falsely implicated in this case.

4. The learned Government Advocate (Crl. Side) fairly conceded that the petitioner has no previous case.

5. Considering the nature of allegations and the facts and circumstances of the case and taking note of the period of incarceration of the petitioner, this Court is inclined to grant the relief of bail to the petitioner / first accused.

6. Accordingly, it is ordered that the petitioner shall be released on bail, subject to the following conditions:- i) The petitioner shall execute 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 the learned Judicial Magistrate, Thiruvottiyur;

ii) The petitioner shall appear before the respondent police, on each Monday and Wednesday, at 10.30 a.m, for a period of four weeks and thereafter as and when required for interrogation. -sd/- 24/05/2017 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE JUDICIAL MAGISTRATE, THIRUVOTTIYUR.

2 THE CHIEF JUDICIAL MAGISTRATE THIRUVALLUR DISTRICT. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL.

5 THE INSPECTOR OF POLICE ENNORE POLICE STATION +1CC to M/S.S.P.MEENAKSHISUNDARAM Advocate on payment of necessary charges SR.NO. 9500 CRL OP.9631/2017 Date :24/05/2017 EGR 25/05/2017