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Madras High CourtCRL OP(MD)/13381/2017ordered

Deepakraja, S/O.Nagasamy, v. The Inspector Of Police,

2017-09-28Honourable Mr Justice M.V. Muralidaran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Eighth day of September Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.V.MURALIDARAN CRL OP(MD) No.13381 of 2017 DEEPAKRAJA ... PETITIONER/ SOLE ACCUSED Vs STATE REP.BY THE INSPECTOR OF POLICE, SAPTUR POLICE STATION, MADURAI DISTRICT.

CRIME NO.204 OF 2017 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.R.S.T.RAVANAN ALIAS RAMASUBRAMANIYAN, Advocate For Respondent : M/S.C.RAMESH, ADDITIONAL PUBLIC PROSECUTOR PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner / sole accused, who was arrested on 06.09.2017, for the offences punishable under Section 392 IPC., in Crime No.204 of 2017 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the petitioner is alleged to have snatched a gold chain from the defacto complainant and got red-handed.

3.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondent / Police. 4.The learned counsel for the petitioner would submit that due to wordy quarrel between himself and the Forest Ranger, this false complaint has been registered against him. The petitioner is innocent and he has not committed any offence as alleged in the complaint.

5.The learned Additional Public Prosecutor strongly opposed for grant of bail to the petitioner, since the investigation is pending. 6.Considering the facts and circumstances of the case and considering the nature of the offences and also considering the fact that the petitioner has been in judicial custody from 06.09.2017, 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:

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(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 Judicial Magistrate, Peraiyur.

(ii)the petitioner is directed to appear before the respondent police daily at 10.30 a.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/- 28/09/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE, PERAIYUR.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI.

3. THE SUPERINTENDENT,CENTRAL PRISON, MADURAI.

4. THE INSPECTOR OF POLICE, SAPTUR POLICE STATION, MADURAI DISTRICT.

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

+1. CC to M/S.R.S.T.RAVANAN ALIAS RAMASUBRAMANIYAN, Advocate SR.No.31825

ORDER

IN CRL OP(MD) No.13381 of 2017 Date :28/09/2017 MS/CM-MSA/SAR.1/28.09.2017/2P.7C https://hcservices.ecourts.gov.in/hcservices/