Sangeetha, v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Nineteenth day of January Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice P.RAJAMANICKAM CRL OP(MD) No.855 of 2018 SANGEETHA ... PETITIONER / A5 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE, ELAYANKUDI POLICE STATION, SIVAGANGAI DISTRICT.
(CRIME NO.334 OF 2017) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.B.JAMEEL ARASU Advocate For Respondent : MR.A.ROBINSON Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.
ORDER : The Court Made the following order :- The petitioner/A5, who was arrested on 15.12.2017 for the offences punishable under Sections 177, 465, 468, 417, 419, 420 and 120-B I.P.C., in Crime No.334 of 2017, on the file of the respondent police, seeks bail.
2. The case of the prosecution is that on 13.12.2017, the petitioner herein and other accused persons approached the Village Administrative Officer, North Ilayankudi Group, Ilayankudi Taluk, for getting nativity certificate for them. At the time of verification, it was found that the petitioner and other accused were trying to get nativity certificate by disclosing false names. Thereafter, the Village Administrative Officer lodged a complaint before the respondent Police, A3 ran away from the place of occurrence. Hence, the present case has been registered for the above said offences.
3.The learned counsel appearing for the petitioner has submitted that petitioner is the lady, she is aged about 19 years and pursuing Degree course in the Alagappa University College, Paramakudi, Ramanathapuram District. Due to the poor family situation, the petitioner was working as a part time clerk in the Travel agency running by the first accused. He further submitted that the petitioner is an innocent person, she has not committed any offence as alleged by the prosecution and her name has not been mentioned in the F.I.R. However, the respondent police has arrested the petitioner on 15.12.2017, remanded to judicial custody and from that date onwards, she is in judicial custody. He further submitted
that already the main accused person namely, A1 and A2 were released on bail by this Court in Crl.O.P(MD).No.570 of 2018, dated 12.01.2018. Hence, he prays to grant bail to the petitioner. 4.The learned Government Advocate (Crl.side) appearing for the respondent police, submitted that based on the confession statement given by A1, this petitioner was arrested and remanded to judicial custody. He further submitted that totally there are five accused in this case. Accused Nos. 3 and 4 are absconding and investigation is still pending. Hence, he opposed to grant bail to this petitioner. 5.
Considering the facts and circumstances of the case that the petitioner is a woman, aged about 19 years and she is studying in the Alagappa University College, Paramakudi and the petitioner was working as a part time clerk in the travel agency, running by the first accused and the petitioner is in judicial custody from 15.12.2017 onwards and also considering the fact that this Court already granted bail to A1 and A2 in Crl.O.P(MD).No.570 of 2018, dated 12.01.2018, this Court is inclined to grant bail to the petitioner with certain 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 Ilayangudi, Sivagangai District and among the two sureties, one surety must be a native of Sivagangai District.
(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 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 learned 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/- 19/01/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, ILAYANGUDI, SIVAGANGAI DISTRICT.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.
3 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.
4 THE INSPECTOR OF POLICE, ELAYANKUDI POLICE STATION, SIVAGANGAI DISTRICT. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.B.JAMEEL ARASU Advocate SR.No.953
ORDER
IN CRL OP(MD) No.855 of 2018 Date :19/01/2018 MKV-PM-SAR 4/19.1.2018/3P-7C