Madras High CourtCRL OP(MD)/2608/2018ordered

Iyyappan v. The Inspector Of Police

2018-02-26Honourable Mr Justice R. Pongiappan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Sixth day of February Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice R.PONGIAPPAN CRL OP(MD) No.2608 of 2018 IYYAPPAN ... PETITIONER/PETITIONER/ACCUSED NO.3 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE TIRUNELVELI JUNCTION CRIME POLICE STATION, TIRUNELVELI DISTRICT.

IN CR.NO. 563/2017 ... RESPONDENT / COMPLAINANT For Petitioner :M/S.P.R.PRITHIVIRAJ Advocate For Respondent :MR.K.SUYAMBULINGA BHARATHI Govt. Advocate (Crl.Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner/Accused No.3, who was arrested and remanded to judicial custody on 15.11.2017 for the alleged offence punishable under Section 394 of IPC., in Crime No.563 of 2017, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 26.08.2017, the petitioner along with other accused unlawfully entered into the house of the defacto complainant, assaulted her and stolen away 30 sovereign of gold jewels from her house. Hence, the case has been registered against the petitioner and other accused for the above said crime.

3.The learned counsel representing the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He further submitted that the petitioner is in judicial custody for the past 105 days. Hence, he prays for grant of bail to the petitioner.

4. The learned Government Advocate (Criminal side) appearing for the respondent on instructions, would submit that the stolen property is not yet recovered and the co-accused in this case are not yet arrested so far. According to the prosecution, the investigation is in progress.

5. The submissions made by the learned counsels appearing for either side are considered. It is alleged that during the time of occurrence, the petitioner and two other accused committed the theft of 30 sovereigns of gold jewels from the defacto complainant's https://hcservices.ecourts.gov.in/hcservices/

house. As of now, the other accused in this case are not yet arrested. Further, the stolen property is not yet recovered. However, the petitioner is in judicial custody from 15.11.2017 onwards. Even after completing 90 days, the petitioner had not filed any application for statutory bail. Hence, considering the facts and circumstances, particularly, considering the period of incarceration, this Court is inclined to grant bail to the petitioner with some conditions. 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.25,000/- (Rupees twenty five thousand only), with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.IV, Tirunelveli;

(ii) the petitioner shall report before the respondent police, daily at 10.00 a.m., until further orders;

(iii) the petitioner shall not tamper with evidence or witness either during investigation or trial; (iv) the petitioner shall not commit any offence while on bail;

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

(vi) on breach of any of the aforesaid conditions, the bail granted to the petitioner shall stand automatically cancelled and the learned 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 Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

sd/- 26/02/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.IV, TIRUNELVELI. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT. 3 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI. 4 THE INSPECTOR OF POLICE TIRUNELVELI JUNCTION CRIME POLICE STATION, TIRUNELVELI DISTRICT. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.P.R.PRITHIVIRAJ Advocate SR.No.3063 ORDER IN CRL OP(MD) No.2608 of 2018 Date :26/02/2018 MKV-CM-VR-SAR 4/26.2.2018/2P-7C https://hcservices.ecourts.gov.in/hcservices/