Madras High CourtCRL OP(MD)/2436/2017granted

Maharajan, v. State Through The

2017-03-08Honourable Dr Justice G. Jayachandran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Eighth day of March Two Thousand Seventeen PRESENT The Hon`ble Dr.Justice G.JAYACHANDRAN CRL OP(MD) No.2436 of 2017 MAHARAJAN, ... PETITIONER /SOLE ACCUSED Vs STATE THROUGH THE INSPECTOR OF POLICE, THURARANKURICHI POLICE STATION, TRICHY DISTRICT (CR.NO.18 OF 2017) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.L.PRABHU Advocate For Respondent : MR.K.V.RAJARAJAN Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner who is arrayed as sole accused was arrested and remanded to judicial custody on 11.01.2017 for the alleged offences punishable under Sections 392 r/w. 397 of IPC in Crime No.18 of 2017, on the file of the respondent police and hence, seeks bail.

2. The case of the prosecution is that the petitioner threatened the defacto complainant with an Aruval and robbed a sum of Rs.600/-. On complaint a case has been registered for the above said alleged offence.

3. The learned counsel for the petitioner submits that the petitioner is innocent person and he has not committed any offence as alleged by the prosecution and his name has been falsely implicated in this case.

4. The learned Government Advocate (Crl.side) submitted that the petitioner is having one previous case in Crime No.366 of 2016 and the investigation of the case is pending.

5. Considering the facts and circumstances of the case, this Court is Court is inclined to enlarge the petitioner on bail, subject to the following conditions:

(i) the petitioner 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 https://hcservices.ecourts.gov.in/hcservices/

of the learned Judicial Magistrate, Manapparai, Trichy District.

(ii)the petitioner shall appear before the respondent Police once in a week i.e on every Wednesday at 10.00 am until further orders.

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

(iv)the petitioner 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 petitioner in accordance with law as if the conditions have been imposed and the petitioner 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, as to whether the petitioner is complying with the condition or not. sd/- 08/03/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TRP TO 1 THE JUDICIAL MAGISTRATE, MANAPPARAI, TRICHY DISTRICT 2 THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT 3 THE INSPECTOR OF POLICE, THURARANKURICHI POLICE STATION, TRICHY DISTRICT.

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

5 THE SUBPERINTENDENT CENTRAL JAIL, TRICHY. +1. CC to M/S.L.PRABHU Advocate SR.No.13685 GJM/MR/SAR-3-10.3.17-2P-6C

ORDER

IN CRL OP(MD) No.2436 of 2017 Date :08/03/2017 https://hcservices.ecourts.gov.in/hcservices/