Mohamed Maideen @ Blakkan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Ninth day of May Two Thousand Eighteen PRESENT The Hon`ble Mrs.Justice R.THARANI CRL OP(MD) No.7757 of 2018 MOHAMED MAIDEEN @ BLAKKAN ... PETITIONER / ACCUSED NO.1 Vs STATE REP.BY THE INSPECTOR OF POLICE, NAGAMALAI PUDUKOTTAI POLICE STATION, MADURAI DISTRICT.

CRIME NO.193/2018 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.A.JOSEPH JERRY Advocate For Respondent : M/S.K.SUYAMBULINGA BHARATHI, Government Advocate(Crl.Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner was arrested and remanded to judicial custody on 08.04.2018 for the offences punishable under Sections 379, 413 and 414 of IPC, in Crime No.193 of 2018, on the file of the respondent police seek bail.

2.The case of the prosecution is that the petitioner had stolen Autos.

3.On the side of the petitioner, it is stated that the petitioner is innocent and he has been falsely implicated in this case and that the petitioner is in judicial custody from 08.04.2018 and hence, prayed that the petitioner to be released on bail.

4.On the side of the respondent, it is stated that the petitioner had stolen autos and that the properties have been recovered.

5.Considering the facts and circumstances of the case and also considering the fact that the stolen properties have been recovered and that the petitioner is in judicial custody from 08.04.2018, this Court is inclined to grant bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail subject to the following conditions:

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(i)the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, No.6, Madurai.

(ii)the petitioner is directed to appear before the respondent police daily at 10.30 a.m. until further orders; (iii)the petitioner shall not tamper with the evidence or witness either during investigation or trial; (iv)the petitioner shall not abscond either during investigation or trial; and (v)on breach of any of the aforesaid conditions, the 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 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/- 09/05/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE NO.6, MADURAI.

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

3. THE SUPERINTENDENT,CENTRAL PRISON, MADURAI.

4. THE INSPECTOR OF POLICE, NAGAMALAI PUDUKOTTAI POLICE STATION, MADURAI DISTRICT.

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

+1. CC to M/S.A.JOSEPH JERRY Advocate SR.No.8294

ORDER

IN CRL OP(MD) No.7757 of 2018 Date :09/05/2018 MS/CM/VK/10.05.2018/2P.7C https://hcservices.ecourts.gov.in/hcservices/