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Madras High CourtCRL OP(MD)/15408/2017granted

Maharajan, v. The Sub-Inspector Of Police,

2017-11-13Honourable Mr Justice M.Dhandapani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Thirteenth day of November Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.15408 of 2017 1 MAHARAJAN 2 CHIDAMBARAM ... PETITIONERS/ ACCUSED NO.1 AND 2 Vs STATE REP.BY THE SUB-INSPECTOR OF POLICE, VADAMADURAI POLICE STATION, VADAMADURAI, DINDIGUL DISTRICT.

(CRIME NO.401 OF 2017) ... RESPONDENT / COMPLAINANT For Petitioners: M/S.KARTHICK SUBRAMANIAN, 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 petitioners/accused No.1 & 2, who were arrested and remanded to judicial custody on 22.10.2017 for the alleged offences punishable under Sections 379 of IPC., in Crime No.401 of 2017, on the file of the respondent police, seek bail. 2.The case of the prosecution is that on 28.10.2017, the petitioners came by his two wheeler and committed a theft of goat in the defacto complainant's farm house. Thereby the villagers surrounded the petitioners and they fell down due to which, the petitioners sustained injury and defacto complainant gave a complaint before the respondent police.

3.The learned counsel for the petitioners would submits that the petitioners did not commit any offence as alleged by the prosecution. He is in custody for 21 days without any reason and the investigation is almost completed.

4.The learned Government Advocate (Criminal side) appearing for the respondent would submit that the goat was recovered from the petitioners and there is no previous case pending against the petitioners. He further submitted that investigation is completed. 5.Considering the facts and circumstances of the case and considering the submission of the learned Government Advocate (Crl. Side), I am inclined to grant bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released on bail, subject to the following conditions: https://hcservices.ecourts.gov.in/hcservices/

(i) the petitioners 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, Vedasanthur, Dindigul District;

(ii)the petitioners shall report before the investigation officer, daily between 10.00 a.m. and 11.00 a.m., until further orders;

(iii) the petitioners shall not tamper with evidence or witness either during investigation or trial. (iv)the petitioners shall make herself available for interrogation including custodial interrogation as and when required by the investigation officer;

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

(vi) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law and the bail granted stands cancelled automatically.

sd/- 13/11/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE, VEDASANTHUR, DINDIGUL DISTRICT.

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

3. THE OFFICER INCHARGE,SUB JAIL, VEDASANTHUR.

4. THE SUB-INSPECTOR OF POLICE, VADAMADURAI POLICE STATION, VADAMADURAI, DINDIGUL DISTRICT.

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

+1. CC to M/S.KARTHICK SUBRAMANIAN Advocate SR.No.34283 ORDER IN CRL OP(MD) No.15408 of 2017 Date :13/11/2017 MS/PM-PN/SAR.3/13.11.2017/2P.7C https://hcservices.ecourts.gov.in/hcservices/