Ananthan, v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Sixteenth day of August Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.14869 of 2016 1 ANANTHAN 2 P.THAVAMANI 3 AGNIRAJ ... PETITIONERS/ACCUSED No.1 to 3 Vs THE INSPECTOR OF POLICE, AVANIYAPURAM POLICE STATION, MADURAI DISTRICT.

CRIME NO.1496 OF 2016 ... RESPONDENT/COMPLAINANT FOR PETITIONER : M/S.A.BALAJI, ADVOCATE FOR RESPONDENT : Mr.P.KANNITHEVAN, GOVERNMENT ADVOCATE ( CRL. SIDE) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners are arrayed as accused Nos.1 to 3, who were arrested and remanded to judicial custody on 21.07.2016 for the alleged offences punishable under Sections 392, 397 and 506(ii) I.P.C., in Crime No.1496 of 2016, on the file of the respondent police and hence, seek bail.

2.The case of the prosecution is that on 21.07.2016, the petitioners way laid the defacto complainant and criminally intimidated with dire consequences and at knife point took a sum of Rs.1,500/- from him. On complaint, a case has been registered for the above said offences.

3.The case of the petitioners is that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. The petitioners are in judicial custody from 21.07.2016.

4.The learned Government Advocate(Crl.side) submitted that the amount has already been recovered and the petitioners have no previous case.

5.Considering the fact that the amount has been already recovered and the petitioners have no previous case and also considering the fact that the petitioners are in judicial custody from 21.07.2016, this Court is inclined to enlarge the petitioners on bail with certain conditions. Accordingly, the petitioners are ordered to be released on bail, subject to the following conditions: (i) Each of the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.VI, Madurai.

(ii)the petitioners shall report before the respondent police daily at 10.00 a.m. until further orders.

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

(iv)the petitioners shall not abscond either during investigation or trial.

(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 as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

6.The Inspector of Police concerned is directed to send a compliance report to the office of the learned Government Advocate (Crl. side), as to whether the petitioners are complying with the condition or not.

sd/- 16/08/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE NO.VI, MADURAI.

2. THE CHIEF JUDICIAL MAGISTRATE, MADURAI.

3. THE INSPECTOR OF POLICE, AVANIYAPURAM POLICE STATION, MADURAI DISTRICT.

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

5. THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

+1. CC to M/S.A.BALAJI Advocate SR.No. 44621

ORDER

IN CRL OP(MD) No.14869 of 2016 Date :16/08/2016 PJL TE/DB/SAR-I : 16/08/2016 : 3P/7C