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Madras High CourtCRL OP(MD)/5472/2020granted

Sumathi v. The Inspector Of Police

2020-06-10Honourable Mr Justice G.R.Swaminathan2 pages

CRL OP(MD). No.5472 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/06/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.5472 of 2020

1. Sumathi

2. Priyadharsini ... Petitioners/Accused No.1 and 2 Vs State Rep.by The Inspector of Police, Theni Police Station, Theni District.

(Crime.No.203 of 2020) ... Respondent/Complainant For Petitioners: M/s.S.Ramasamy, Advocate.

For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime.No.203 of 2020 on the file of the Respondent Police.

ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioners and the learned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioners are arrayed as accused Nos.1 and 2. They were arrested and remanded to Judicial Custody on 15.03.2020 for the offences punishable under sections 379 and 380 of I.P.C., in Crime No.203 of 2020 on the file of the respondent police. They seek bail.

3. The petitioners are said to have stolen a ring from the complainant's jewellery shop. The stolen articles have since been recovered. The petitioners are women.

4. The learned Government Advocate(Crl.Side) would point out that the petitioners are having yet another case registered against them.

5. Be that as it may, I am of the view that their continued incarceration is not going to serve any purpose. Therefore, I am inclined to enlarge the petitioners on bail with certain conditions. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.5472 of 2020 Accordingly, the petitioners are ordered to be released on bail, subject to the following conditions;

(i) the petitioners shall be released on own bond by the Magistrate without insisting on sureties. However, the petitioners are directed to 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, Theni after the concerned Court is reopened.

(ii)the petitioners are directed to appear before the respondent police as and when required for interrogation. (iii)on breach of any of the aforesaid conditions, the 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 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]. sd/- 10/06/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO

1. THE JUDICIAL MAGISTRATE, THENI.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT.

3. THE SUPERINTENDENT,CENTRAL PRISON FOR WOMEN, MADURAI.

4. THE INSPECTOR OF POLICE, THENI POLICE STATION, THENI DISTRICT.

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

ORDER

IN CRL OP(MD) No.5472 of 2020 Date :10/06/2020 MS/PN/SAR-2/10.06.2020/2P.6C https://hcservices.ecourts.gov.in/hcservices/ 2/2