Mareeswaran v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twentieth day of December Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.17513 of 2017 MAREESWARAN ... PETITIONER / ACCUSED NO.2 Vs STATE REP.BY THE INSPECTOR OF POLICE MANDALAMANICKAM POLICE STATION, RAMANATHAPURAM DISTRICT.
CRIME NO.99/2017 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.G.THIRUVARUTSELVAN 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/Accused No.2, who was arrested and remanded to judicial custody on 09.11.2017, for the alleged offences punishable under Section 387 of I.P.C., in Crime No.99 of 2017, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that on 08.11.2017, while the defacto complainant was returning home from College in his two wheeler, he stopped his two wheeler for natural call and at that time, the petitioner and other accused person threatened the defacto complainant with knife point and snatched the amount of Rs.2,000/-, thereby, the defacto complainant filed a complaint before the respondent police. After investigation, the petitioner and other accused persons were implicated in the above said offence.
3. The learned counsel appearing for the petitioner submitted that the petitioner did not commit any offence as alleged by the prosecution. However, the petitioner is ready to abide any condition imposed by this Court. 4.The learned Government Advocate (Criminal side) appearing for the State submitted that accused no.2 is secured on 09.11.2017. However, the other accused persons are absconding
from the respondent police and they are yet to be secured. 5.Considering the facts and circumstances of the case and also considering the submission made by the learned Government Advocate (Crl.Side) and considering the fact that the petitioner is in jail for 42 days, I am inclined to grant bail to the petitioner/A2 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 District Munsif cum Judicial Magistrate, Kamuthi; (ii) the petitioner shall deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) to the Crime No.99 of 2017 before the learned District Munsif cum Judicial Magistrate, Kamuthi, without prejudice to their defence before the trial Court and on production of receipt, the learned Judicial Magistrate, Kamuthi, shall accept the sureties furnished by the petitioner; (ii) the petitioner shall report before the respondent police, daily at 10.30 a.m., until further orders; (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 petitioners in accordance with law and the bail granted stands cancelled automatically.
sd/- 20/12/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
rmi TO 1 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTATE, KAMUTHI. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE RAMANATHAPURAM DISTRICT 3 THE INSPECTOR OF POLICE,MANDALAMANICKAM POLICE STATION, RAMANATHAPURAM DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
5 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI. +1. CC to M/S.G.THIRUVARUTSELVAN Advocate SR.No.36666 GJM/PM/PN/SAR-I-21.12.2017-3P-7C
ORDER
IN CRL OP(MD) No.17513 of 2017 Date :20/12/2017