Madras High CourtCRL OP(MD)/5129/2015allowed

Sathyaseelan v. The Inspector Of Police

2015-04-01Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the First day of April Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.5129 of 2015 SATHYASEELAN ... PETITIONER / ACCUSED NO.2 Vs THE STATE REP.BY THE INSPECTOR OF POLICE, BODI TALUK POLICE STATION, THENI DISTRICT.

(CRIME NO.167/2014) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.P.RAJKUMAR, Advocate For Respondent : M/S.P.KANDASAMY, 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 08.01.2015, for the offence punishable under Section 392 of the Indian Penal Code, in Crime No.167 of 2014, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that this petitioner, along with the first accused, had committed chain snatching on 13.04.2014 and he was arrested by the respondent police on 08.01.2015 and he is in incarceration since then.

3. The learned Government Advocate [Criminal Side] submitted that there is one previous case against this petitioner and it is also submitted that the property has also been recovered.

4. In such circumstances, this Court is inclined to grant bail to the 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, of which one should, compulsorily, be either parent, each for a like sum to the satisfaction of the learned Judicial Magistrate, Bodi 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.

https://hcservices.ecourts.gov.in/hcservices/

[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]. The Inspector of Police concerned is directed to send compliance report to the office of the learned Additional Public Prosecutor whether the petitioner is complying with the order or not.

sd/- 01/04/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, BODI, THENI DISTRICT. 2 -DO-THRO' THE CHIEF JUDICIAL MAGISTRATE, THENI. 3 THE INSPECTOR OF POLICE, BODI TALUK POLICE STATION, THENI DT. 4 THE OFFICER IN-CHARGE, UTHAMAPALAYAM SUB-JAIL, UTHAMAPALAYAM 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.P.RAJKUMAR, Advocate SR.No.16488. ORDER IN CRL OP(MD) No.5129 of 2015 Date :01/04/2015 msm 01.04.2015 p2/7c https://hcservices.ecourts.gov.in/hcservices/