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Madras High CourtCRL OP(MD)/2921/2015ordered

Agniveeran v. The Sub Inspector Of Police

2015-03-12Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twelfth day of March Two Thousand Fifteen PRESENT The Hon`ble Mr.Justice P.N.PRAKASH CRL OP(MD) No.2921 of 2015 AGNIVEERAN ... PETITIONER/ACCUSED No.3 Vs STATE REP.BY THE SUB INSPECTOR OF POLICE P.C.PATTY POLICE STATION, THENI DISTRICT.

CR.NO.57/2015. ... RESPONDENT/COMPLAINANT For Petitioner : M/S.R.SENTHILKUMAR Advocate For Respondent : MR.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 26.01.2015 for the offences punishable under Sections 454 and 380 IPC, in Crime No.57 of 2015, on the file of the respondent police, seeks bail.

2. It is the case of the prosecution that on 20.01.2015, there was a burglary in the residence of the defacto complainant, in which, the defacto complainant lost some jewellery and cash. During the course of investigation, it came to light that four persons were involved in the offence and the police arrested three of them. This petitioner was arrested on 26.01.2015.

3. The learned Government Advocate (Criminal side) submits that the property has been recovered and there are two previous cases against this petitioner, which are not for similar offences, but for offences under Section 324 and 506(ii) IPC.

4. Under such circumstances, this Court is inclined to grant bail to this petitioner. 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 https://hcservices.ecourts.gov.in/hcservices/ satisfaction of the learned Judicial Magistrate, Theni, and on further condition that:

[a] the petitioner shall report before the respondent police daily at 06.30 p.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/- 12/03/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,THENI.

2 DO-THRO' THE CHIEF JUDICIAL MAGISTRATE,THENI. 3 THE SUB INSPECTOR OF POLICE P.C.PATTY POLICE STATION, THENI DISTRICT.

THE OFFICER INCHARGE,SUB JAIL,PERIYAKULAM,THENI DISTRICT. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT,MADURAI.

+1. CC to M/S.R.SENTHILKUMAR Advocate SR.No.11935

ORDER

IN CRL OP(MD) No.2921 of 2015 Date :12/03/2015 PA/12.03.2015/2P/7C https://hcservices.ecourts.gov.in/hcservices/