Edwin Jose, (Age 25) v. State Rep By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the First day of February Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) Nos.1037 to 1039 of 2017 EDWIN JOSE ... PETITIONER/SOLE ACCUSED IN ALL THE PETITIONS.

Vs STATE REP BY THE SUB-INSPECTOR OF POLICE, KALIYAKAVILAI POLICE STATION, KANYAKUMARI DISTRICT.

(CRIME NO.640 OF 2016) ... RESPONDENT/COMPLAINANT IN (CRIME NO.647 OF 2016) ALL THE PETITIONS.

(CRIME NO.677 OF 2016) For Petitioner : M/S.M.R.SREENIVASAN Advocate IN ALL THE PETITIONS For Respondent : MR.P.KANDASAMY, Govt. Advocate ( Crl. Side) IN ALL THE PETITIONS.

PETITIONS 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 21.12.2016 for the offences punishable under Sections 457 & 380 IPC in Crime Nos.647, 640 & 677 of 2016 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner snatched the chain of the de facto complainant worth about 20,000/- and hence, a case in Crime No.647 of 2016 has been registered against him. In Crime No.640 of 2016 it is stated that the petitioner snatched the chain of the de facto complainant worth about Rs.10,000/-. In Crime No.677 of 2016 it is stated that the petitioner theft the two wheeler of the de facto complainant worth about Rs.30,000/-.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that the petitioner is ailing from a respectable family and he studied B.A.History and M.B.A. and now he is studying L.L.B. Second year in CSI Institute of Legal Studies at CSI South Kerala Diocese LMS Compound, Trivandrum. It is

further stated that the petitioner is a member of communist party of Indian Student Federation and participated in many agitation against the respondent Police and due to the said enmity and also to in order to take revenge, these cases were foisted against the petitioner.

4.The learned Government Advocate (crl.side) appearing for the respondent submitted that in all the three crime numbers, the petitioner is the sole accused and initially FIR was registered against unknown person and after investigation, the petitioner was arrayed as accused and based on the statement given by him during enquiry, these cases were registered against him. He also submitted that properties were recovered and investigation is completed and charge sheet is yet to be filed. He further submitted that no previous case is pending against the petitioner. 5.Considering the facts and circumstances of the case and considering the fact that investigation is over and also the period of incarceration, this Court is inclined to grant bail to the petitioner subject to certain conditions.

6.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, Kanyakumari and on further condition that:

[a] the petitioner shall report before the Judicial Magistrate No.I, Kuzhithurai daily at 10.30 a.m., until further orders. [b] the petitioner shall not tamper with evidence or witness during trial.

[c] the petitioner shall not abscond during 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]. sd/- 01/02/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 JUDICIAL MAGISTRATE NO.1, KANYAKUMARI.

2 DO THRO' THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI AT NAGERCOIL.

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

4 THE SUB-INSPECTOR OF POLICE, KALIYAKAVILAI POLICE STATION, KANYAKUMARI DISTRICT.

5 THE OFFICER INCHARGE, SUB JAIL, KUZHITHURAI, KANYAKUMARI DISTRICT.

+3. CC to M/S.M.R.SREENIVASAN Advocate SR.No.5230 TO 3232

ORDER

IN CRL OP(MD) Nos.1037 to 1039 of 2017 Date :01/02/2017 KK/PN PM/SAR-3/01.02.2017/3P/9C