M.Kallanai, v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the First day of September Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.11624 of 2017 M.KALLANAI ... PETITIONER/SOLE ACCUSED Vs THE INSPECTOR OF POLICE, MATHICHIYAM POLICE STATION, MADURAI DISTRICT.

IN CRIME NO.528 OF 2017. ... RESPONDENT/COMPLAINANT For Petitioner : M/S.D.BALAMURUGAPANDI 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 who was arrested on 29.07.2017 for the offences punishable under Sections 392 r/w 397 & 506 (ii) of IPC in Crime No.528 of 2017 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the accused is said to have taken away a sum of Rs.150/- and one cell phone from the de facto complainant at the knife point.

3.The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. He would further submit that the petitioner did not commit any offence as stated by the respondent Police and he has obtained bail for the previous cases.

4.The learned Additional Public Prosecutor appearing for the respondent submitted that petitioner is the sole accused in this case and no injuries caused to the de facto complainant. He further submitted that the petitioner is having one previous case for the offence under Section 302 IPC and another case before this respondent Police in Crime No.327 of 2017 for the offence under Sections 147, 148, 341, 392 r/w 397 and 506 (ii) of IPC. He further contended that the amount is not yet recovered and cell phone alone is recovered and the investigation is still pending. 5.Considering the facts and circumstances of the case and also considering the fact that cell phone was recovered from the petitioner and that he obtained bail for previous cases and also the https://hcservices.ecourts.gov.in/hcservices/

period of incarceration of the petitioner, this Court is inclined to grant bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail subject to the following conditions: (i)the petitioner shall execute 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.II, Madurai.

(ii)the petitioner is directed to appear before learned Judicial Magistrate No.II, Madurai daily twice at 10.30 a.m. and evening 5.30 p.m. until further orders;

(iii)the petitioner shall not tamper with the evidence or witness either during investigation or trial; (iv) the petitioner shall not abscond either during investigation or trial;

(v)on breach of any of the aforesaid conditions, the 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 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/- 01/09/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II, MADURAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI. 3 THE INSPECTOR OF POLICE, MATHICHIYAM POLICE STATION, MADURAI DISTRICT. 4 ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT MADURAI.

5 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI. +1. CC to M/S.D.BALAMURUGAPANDI, Advocate SR.No.29762 ORDER IN CRL OP(MD) No.11624 of 2017 Date :01/09/2017 https://hcservices.ecourts.gov.in/hcservices/ MKV PN SAR1 01/09/2017 2P 7C