Sethurajan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Sixth day of October Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.14398 of 2017 SETHURAJAN ... PETITIONER / 1st ACCUSED Vs THE STATE REP.BY, THE INSPECTOR OF POLICE VILAKKUTHOON POLICE STATION (CRIME), MADURAI CITY, CRIME NO.716/2017 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.B.SUDHA SATHYANANTH Advocate For Respondent : Mr.K.ANBARASAN,Government Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner is arrayed as accused No.1, who was arrested and remanded to judicial custody on 27.09.2017 for the alleged offences punishable under Sections 392 read with 397 and 506(ii) of IPC, in Crime No.716 of 2017, on the file of the respondent police, which was taken on file as PRC.No.48 of 2014 by the learned Judicial Magistrate No.I, Madurai, seeks bail.

2.The case of the prosecution is that due to non-appearance of the petitioner in PRC.No.48 of 2014, the learned Judicial Magistrate No.I, Madurai issued non-bailable warrant against the petitioner. As per the direction of the learned Magistrate, the law enforcing agency arrested the petitioner and remanded him to judicial custody from 27.09.2017.

3.The learned counsel for the petitioner would submit that on 03.08.2017, the petitioner met with an accident and his father died on the spot and due to that reason he was not able to appear before the Court. Hence, the learned Judicial Magistrate No.I, Madurai issued non-bailable warrant against the petitioner and the petitioner was arrested and remanded to judicial custody from 27.09.2017. Aggrieved by the same, the petitioner filed this bail petition before this Court.

4.The learned Government Advocate(Crl.side) submitted that as per the orders of the learned Magistrate, the law enforcing agency arrested the petitioner and remanded to judicial custody from 27.09.2017.

5.Considering the facts and circumstances of the case and also considering the submission made by the learned Government Advocate (Crl.side), I am inclined to release the petitioner on bail 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, Madurai;

(ii) the petitioner shall report before the Court concerned regularly without fail;

(iii) the petitioner shall not tamper with evidence or witness either during investigation or trial; (iv) the petitioner shall not commit any offence while on bail; (v) 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 and the bail granted stands cancelled automatically.

sd/- 26/10/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I,MADURAI 2 -DO- THRO THE CHIEF JUDICIAL MAGISTRATE, MADURAI.

3 THE SUPERINTENDENT OF CENTRAL PRISON, MADURAI.

4 THE INSPECTOR OF POLICE VILAKKUTHOON POLICE STATION (CRIME), MADURAI CITY.

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

+1. CC to M/S.B.SUDHA SATHYANANTH Advocate SR.No.33235

ORDER

IN CRL OP(MD) No.14398 of 2017 Date :26/10/2017 MV:CM-MSA:SAR4:26/10/2017/3P/7C