Morarji v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Eleventh day of October Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.13750 of 2017 MORARJI ... PETITIONER / ACCUSED NO.4 Vs STATE REP.BY THE INSPECTOR OF POLICE, USILAMPATTI TOWN POLICE STATION, MADURAI DISTRICT, CRIME NO.567 OF 2017 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.P.SENGUTTUARASAN Advocate For Respondent : M/S.K.ANBARASAN, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who is arrayed as A4, was arrested and remanded to judicial custody on 21.09.2017 for the alleged offences punishable under Section 379 of IPC., in Crime No.567 of 2017, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that on 13.09.2017 while the de-facto complainant travelling in the bus from Arappalayam to Usilampatti with his leather bag, which is containing laptop, IPhone and other documents, after reaching the Usilampatti bus stand, he found that his bag was missed. Hence he filed complainant before the respondent police for taking appropriate action against the persons, who committed theft.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and he is in judicial custody from 21.09.2017 and hence, he prays for bail in favour of the petitioner.

4.The learned Government Advocate (Criminal side) appearing for the State submitted that the entire theft articles were recovered and the investigation is still pending and the petitioner has no previous case.

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5.Considering the facts and circumstances of the case and also considering the submission made by the learned Government Advocate (Crl. Side) that the entire contraband were recovered and the petitioner has no previous case, I am inclined to grant bail to the petitioner with certain conditions. 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.25,000/- (Rupees twenty five thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Usilampatti, Madurai;

(ii) the petitioner shall report before the investigation officer, daily at 10.00 a.m., for a period of six weeks and thereafter as and when required for interrogation;

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

(iv) the petitioner shall make himself available for interrogation including custodial interrogation as and when required by the investigation officer;

(v) the petitioner shall not commit any offence while on bail;

(vi) On breach of any of the aforesaid conditions, the petition for anticipatory bail stands dismissed.

sd/- 11/10/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE NO.I, USILAMPATTI.

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

3. THE OFFICER INCHARGE,SUB JAIL, USILAMPATTI.

4. THE INSPECTOR OF POLICE, USILAMPATTI TOWN POLICE STATION, MADURAI DISTRICT.

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

+1. CC to M/S.P.SENGUTTUARASAN Advocate SR.No.32567

ORDER

IN CRL OP(MD) No.13750 of 2017 Date :11/10/2017 MS/CM-MSA/SAR.3/11.10.2017/2P.7C https://hcservices.ecourts.gov.in/hcservices/