Siva @ Sivakumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fourteenth day of December Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.17060 of 2017 SIVA @ SIVAKUMAR ... PETITIONER/ACCUSED No.1 Vs THE STATE REP BY THE INSPECTOR OF POLICE VIRALIMALAI POLICE STATION, PUDUKKOTTAI DISTRICT (CRIME NO.89 OF 2017) ... RESPONDENT/COMPLAINANT For Petitioner : MR.JOSEPH JERRY for M/S.K.M.KARUNAKARAN Advocate For Respondent : MR.M.MURUGAN, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner/Accused No.1, who was arrested and remanded to judicial custody on 25.05.2017, for the offences punishable under Sections 392, 397 and 114 of IPC., in Crime No.89 of 2017, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the de facto complainant is the Police Constable, filed a complaint before the respondent Police stating that the accused person came in a two wheeler and snatched her chain and he also threatened her. 3.The learned counsel appearing for the petitioner would submit that the petitioner has been falsely implicated in this case, since the petitioner herein has one previous case.

4.The learned Government Advocate ( Crl. Side) appearing for the State submitted that investigation has been completed and charge sheet has also been filed before the competent Court in P.C.R.No.38 of 2017 and stolen articles are also recovered from the accused herein.

5.Considering the facts and circumstances of the case and also considering the submission made by the learned Govt. Advocate ( Crl. Side) and the period of incarceration of the petitioner in prison, https://hcservices.ecourts.gov.in/hcservices/

this Court is inclined to grant bail to the petitioner. The petitioner is ordered to be released on bail, subject to the following certain conditions.

6.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, Keeranur, Pudukkottai District;

(i) the petitioner shall report before the respondent police, daily at 10.00 a.m., until further orders.

(ii) the petitioner shall not tamper with evidence or witness either during investigation or trial. (iii) the petitioner shall not abscond 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 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/- 14/12/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, KEERANUR, PUDUKKOTTAI DISTRICT 2 THE CHIEF JUDICIAL MAGISTRATE PUDUKKOTTAI DISTRICT 3 THE INSPECTOR OF POLICE VIRALIMALAI POLICE STATION, PUDUKKOTTAI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

5 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY +1. CC to M/S.K.M.KARUNAKARAN Advocate SR.No.731357

ORDER

IN CRL OP(MD) No.17060 of 2017 Date :14/12/2017 SMA/CM/SAR-R/14.12.2017:2P/7C https://hcservices.ecourts.gov.in/hcservices/