Madras High CourtCRL OP(MD)/1873/2015ordered

Murugan @ Raja v. The Inspector Of Police

2015-02-11Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Eleventh day of February Two Thousand Fifteen PRESENT THE HON`BLE MR JUSTICE P.N.PRAKASH CRL OP(MD) No.1873 of 2015 MURUGAN @ RAJA ... PETITIONER / ACCUSED NO.2 Vs THE STATE REP.BY THE INSPECTOR OF POLICE, VIRUDHUNAGAR EAST POLICE STATION, VIRUDHUNAGAR DISTRICT.

(CRIME NO.314 OF 2014) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.R.ANAND Advocate For Respondent : M/S.A.P.BALASUBRAMANIAN, Govt. Advocate (Crl.Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who was arrested and remanded to judicial custody on 16.12.2014 for the offence punishable under Section 394 of IPC in Crime No.314 of 2014 on the file of the respondent police, seeks bail.

2. It is the case of the prosecution that this petitioner along with the co-accused had waylaid the defacto complainant and had removed her chain. A-1 has been arrested and property has been recovered. This petitioner/A-2 was arrested on 16.12.2014. There is one case against this petitioner in Crime No.762 of 2014 before the Virudhunagar West Police Station. In respect of the case in Crime No.762 of 2014, this Court has granted bail to the petitioner today. Since the property has been recovered in the present case, this Court is inclined to grant bail to the petitioner, subject to certain conditions.

3. Accordingly, the petitioner is ordered to be released on bail on his executing 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.I, Virudhunagar, https://hcservices.ecourts.gov.in/hcservices/ Virudhunagar District (the learned Judicial Magistrate No.I,

Virudhunagar, Virudhunagar District shall accept the same persons as sureties to be executed in respect of the case in Crime No.762 of 2014) and on further condition that:

[a] the petitioner shall report before the respondent police daily at 10.00 a.m. for a period of four weeks and thereafter, as and when required for interrogation.

[b] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[c] the petitioner shall not abscond either during investigation or trial.

[d] 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]. [e] The Inspector of Police concerned is directed to send a compliance report to the Office of the learned Government Advocate (Criminal side), whether the petitioner is complying with the order or not.

sd/- 11/02/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE NO.I, VIRUDHUNAGAR. 2 -DO-THRO' THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR @ SRIVILLIPUTHUR.

3 THE INSPECTOR OF POLICE, VIRUDHUNAGAR EAST POLICE STATION, VIRUDHUNAGAR DISTRICT.

4 THE OFFICER IN-CHARGE,SUB-JAIL, VIRUDHUNAGAR. 5 THE ADDL.PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.R.ANAND, Advocate SR.No.6307.

ORDER IN CRL OP(MD) No.1873 of 2015 Date :11/02/2015 msm 12.02.2015 p2/7c https://hcservices.ecourts.gov.in/hcservices/