M.Surya v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/05/2020 PRESENT The Hon`ble Dr.Justice G.JAYACHANDRAN M.Surya ... Petitioner/Sole Accused Vs The Inspector of Police, Theni Police Station, Theni District Cr No.583/2020 ... Respondent/Complainant For Petitioner : M/s.C.Senthil Murugan, Advocate.

For Respondent : Mr.S.Chandrasekar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No. 583 of 2020 on the file of the respondent police ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent. 2.The petitioner is sole accused. He was arrested and remanded to Judicial Custody on 10.04.2020 for the offences punishable under sections 457, 380 of I.P.C., in Crime No.583 of 2020 on the file of the respondent police. He seeks bail. 3.The learned Additional Public Prosecutor would submit that the petitioner herein had stole a sum of Rs.1,50,000/- and a sum of Rs.1,45,000/- has been recovered from the petitioner herein. It is further submitted that due to Covid situation, the investigation is not yet completed.

4.Considering the above facts, I am inclined to enlarge the 1/3

petitioner on bail with certain conditions. Accordingly the petitioner is ordered to be released on bail by the prison Superintendent on own bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand only) and the petitioner shall, i)furnish two sureties for likesum within one month from the date of release, to the satisfaction of the learned Judicial Magistrate, Theni and on further condition that, ii) the petitioner shall deposit a sum of Rs.10,000/- to the credit of Crime No.583 of 2020 before the learned Judicial Magistrate, Theni.

iii)the petitioner shall report before the respondent police as and when required.

iv)the petitioner shall not tamper with evidence or witness. v) the petitioner shall not abscond during investigation. 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 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]. vii) If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 19/05/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE JUDICIAL MAGISTRATE, THENI 2 -DO-THRO'THE CHIEF JUDICIAL MAGISTRATE THENI DISTRICT 2/3

3 THE OFFICER IN-CHARGE, DISTRICT JAIL, THENI.

4 THE INSPECTOR OF POLICE THENI POLICE STATION, THENI DISTRICT THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI

ORDER

IN CRL OP(MD) No.5379 of 2020 Date :19/05/2020 ME/JC/SAR 2/19.05.2020/3P/6C 3/3