Madras High CourtCRL OP/20338/2016granted

Mr.Thirumalai (M/28 Yrs) v. State Rep. By

2016-10-06Honourable Mr Justice S. Vaidyanathan3 pages

CRL.O.P.No.20338 of 2016 S.VAIDYANATHAN, J The petitioner, who was arrested and remanded to judicial custody on 11.07.2016 for the alleged offences punishable under Sections 294(b), 341, 506 (Part-2), 384 IPC, altered into Sections 294(b), 506 (Part-2), 341, 384 and 397 IPC, in Crime No.524 of 2016 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner picked up Rs.250/- from the de-facto complainant with dire consequences, thereby, committed an offence of robbery.

3. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondent. 4.

Learned counsel for the petitioner submitted that the petitioner is innocent of the offence(s) alleged against him and he is in custody for the past 85 days.

5. Considering the facts and circumstances of the case and the period of incarceration undergone by the petitioner, this Court is of the view that custodial interrogation of the petitioner is not required at this stage. Accordingly, the petitioner is ordered to 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 V Metropolitan Magistrate, Egmore (Allikulam), Chennai600 003; (ii) the petitioner is directed to appear before the respondent police daily at 10.30 a.m. for a period of four weeks and thereafter as and when required for

interrogation by the respondent police;

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

(v) upon breach of any of the aforesaid conditions, the 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 Magistrate/Trial Court himself as laid down by the Supreme Court in P.K.Shaji Vs. State of Kerala (AIR 2005 SCW 5560).

cs 06.10.2016

S.VAIDYANATHAN,J cs Crl.O.P.No.20338 of 2016 06.10.2016