S.Rajendran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Eighth day of August Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.10425 of 2017 S.RAJENDRAN ... PETITIONER / ACCUSED - 1 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE KEELATHUVAL POLICE STATION, RAMANATHAPURAM DISTRICT.

CRIME NO.65/2017 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.S.BHARATHI Advocate For Respondent : MR.A.RAMAR Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner/A1, who was arrested and remanded to judicial custody on 01.07.2017, for the offences punishable under Sections 379 and 511 of IPC., in Crime No.65 of 2017, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the accused herein said to have attempted to snatch the gold chain from the de facto complainant.

3. The learned counsel appearing for the petitioner states that the petitioner is innocent and he has not committed any offence, as alleged by the prosecution and he has been falsely implicated in this case.

4. The learned Additional Public Prosecutor appearing for the respondent, on instructions, would submit that the FIR was registered against the unnamed accused and during investigation, there are two accused in this case. He would further submit that petitioner herein is arrayed as A1 and he is implicated in this case on the basis of the confession of A2 and he was arrested and remanded in judicial custody and the investigation is still pending. The accused said to have attempted to snatch the gold chain from the de facto complainant. The petitioner have no previous case of similar type of offence.

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5. Considering the above facts and circumstances of the case and also considering the fact that no previous case of similar type of offence as against petitioner herein he in in jail from 01.07.2017 onwards, 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, Mudhukulathur, Ramanathapuram District, and on further condition that: [a] the petitioner shall appear before the learned Judicial Magistrate Mudhukulathur, Ramanathapuram District, daily at 10.30 a.m. until further orders.

[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]. sd/- 08/08/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, MUDHUKULATHUR, RAMANATHAPURAM DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT. 3 OFFICER IN CHARGE, JUVENILE BOARD, MELUR. 4 THE INSPECTOR OF POLICE, KEELATHUVAL POLICE STATION, RAMANATHAPURAM DISTRICT. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.S.BHARATHI Advocate SR.No.28305 ORDER IN CRL OP(MD) No.10425 of 2017 Date :08/08/2017 https://hcservices.ecourts.gov.in/hcservices/ MKV-CM-MSA-SAR 4/8.8.2017/2P-7C