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Madras High CourtCRL OP(MD)/15769/2015allowed

Muthupandi @ Mark Muthupandi v. The Inspector Of Police

2015-08-20Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twentieth day of August Two Thousand Fifteen PRESENT The Hon`ble Mrs.Justice S.VIMALA CRL OP(MD) No.15769 of 2015 MUTHUPANDI @ MARK MUTHUPANDI ... PETITIONER/ACCUSED Vs.

THE STATE REP.BY THE INSPECTOR OF POLICE AMBATHURAI POLICE STATION, DINDIGUL DISTRICT.

(CRIME NO. 392 OF 2010) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.S.MUNIYANDI Advocate For Respondent : MRS.S.PRABHA, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner is an accused of the offence under Sections 395 r/w 397 IPC, in Crime No.392 of 2010 on the file of the respondent police (now pending in P.R.C.No.7 of 2011 on the file of the Judicial Magistrate No.III, Dindigul District) and he is in judicial custody from 29.03.2015 in respect of the alleged offence. Seeking bail, this petition has been filed.

2. Heard both sides.

3.The case of the prosecution is that on 18.10.2010 the petitioner along with other accused took away granite stones from the lorry of the defacto complainant.

4. It appears that the petitioner did not appear before the trial Court due to his arrest under Act 14 and therefore, his nonappearance before the Court was not willful. Non-Bailable Warrant has been already issued. Inasmuch as his non appearance was due to reasons beyond his control, the accused must be granted bail. 5.Considering the facts and circumstances of the case, this Court is inclined to grant bail to the petitioner, subject to the https://hcservices.ecourts.gov.in/hcservices/ 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 No.III, Dindigul. (ii) The petitioner shall appear before the concerned Court in all future hearings without fail.

sd/- 20/08/2015 / TRUE COPY / Sub-Assistant Registrar TO 1 THE JUDICIAL MAGISTRATE NO.III DINDIGUL.

2 -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE DINDIGUL.

3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

5 THE INSPECTOR OF POLICE AMBATHURAI POLICE STATION, DINDIGUL DISTRICT.

+1. CC to M/S.S.MUNIYANDI Advocate SR.No.47980 Akm/20.08.2015 /2p-7c/

ORDER

IN CRL OP(MD) No.15769 of 2015 Date :20/08/2015 https://hcservices.ecourts.gov.in/hcservices/