D.Kannan, Aged 40 Yrs, v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Fifth day of May Two Thousand Seventeen PRESENT The Hon`ble Mr Justice P. KALAIYARASAN CRIMINAL ORIGINAL PETITION No.8975 of 2017 D.KANNAN [ PETITIONER / ACCUSED ] Vs THE INSPECTOR OF POLICE [ RESPONDENT ] ERODE SOUTH POLICE STATION, ERODE DISTRICT, CR.NO.83/2017.

For Petitioner : M/S.C.S.SARAVANAN Advocate For Respondent : MR. B.RAMESH BABU, Govt. Advocate ( Crl. Side) PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who is arrayed as A-1, was arrested and remanded to judicial custody on 16.02.2017 for the alleged offences punishable under Sections 395 and 397 of IPC, in Crime No.83 of 2017 on the file of the respondent police and hence, seeks bail.

2. The case of the prosecution is that the petitioner along with other accused have committed the above said offences.

3. Learned counsel appearing for the petitioner submits that the petitioner is an innocent person, he has been falsely implicated as an accused in the present case and that he is a permanent resident, the co-accused has already been released on bail and therefore, he may be released on bail.

4. Learned Government Advocate [Crl. Side] opposed this petition contending that the investigation is yet to be completed. However, he concedes that the co-accused has been released on bail.

5. Considering the duration of custody of the petitioner, that the co-accused has been already released on bail, the fact that the petitioner is having permanent residence and also the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for Rs.10,000/- [Rupees Ten Thousand only] with two sureties each for a like sum, to the satisfaction of the learned Judicial Magistrate-III, Erode and on further condition that the petitioner shall report before the respondent police on every Monday at 10.00 a.m., for a period of two months. -sd/- 05/05/2017 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, NO.3, ERODE.

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

4 THE INSPECTOR OF POLICE ERODE SOUTH POLICE STATION, ERODE DISTRICT.

5 THE SUPERINTENDENT, CENTRAL PRISON, COIMBATORE.

CC to M/S.C.S.SARAVANAN Advocate on payment of necessary charges CRL OP.8975/2017 Date :05/05/2017 MK:06/05/2017