Anantharaj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Thirty First day of August Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.16193 and 16228 of 2016 ANANTHARAJ ... PETITIONER / ACCUSED (RANK NOT KNOWN) in CRL OP(MD).NO.16193 of 2016 MANIKANDAN ... PETITIONER/ACCUSED (RANK NOT KNOWN) in CRL OP (MD).No.16228 of 2016 Vs The State represented by THE INSPECTOR OF POLICE MUNNIRPALLAM POLICE STATION, TIRUNELVELI DISTRICT (Crime.No.200 of 2016) ... RESPONDENT / COMPLAINANT in both the petitions For Petitioner : M/S.R.ANAND Advocate in both the petitions For Respondent : Mr.P.Kannithevan Govt. Advocate ( Crl. Side) in both the petitions PETITIONS FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners are arrayed as Accused, who were arrested and remanded to judicial custody on 16.07.2016 for the alleged offences punishable under Sections 457, 380 and 511 IPC, in Crime No.200 of 2016, on the file of the respondent police and hence, seek bail. 2.The case of the prosecution is that the petitioners entered into the yard of Sri Ram Battery Company and attempted to steal the batteries and CD players fixed in the cars which had been parked therein. However, on a shouting being made by the watchman, they have escaped. On complaint, case has been registered for the above said offences.

3.The case of the petitioners is that they are innocent persons and they have not committed any offence as alleged by the prosecution and the petitioners are in judicial custody from 16.07.2016.

4.The learned Government Advocate(Crl.side) submitted that investigation is pending.

5.Considering the facts and circumstances of the case and also considering the fact that the petitioners are in judicial custody from 16.07.2016, 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.V, Tirunelveli.

(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 conditions or not.

sd/- 31/08/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.V, TIRUNELVELI

2 -do-thro THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI 3 THE SUPERINTENDENT CENTRAL PRISON, PALAYAMKOTTAI, TIRUNELVELI DISTRICT 4 THE INSPECTOR OF POLICE MUNNIRPALLAM POLICE STATION,TIRUNELVELI DISTRICT 5 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +2. CC to M/S.R.ANAND Advocate SR.No.48844,48847 sm:GSV-PM:SAR I:31/08/2016:3P/8C

ORDER

IN CRL OP(MD) No.16193 & 16228 of 2016 Date :31/08/2016