Arul v. The Sub Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty First day of April Two Thousand Seventeen PRESENT The Hon`ble Dr.Justice G.JAYACHANDRAN CRL OP(MD) No.4804 of 2017 ARUL ... PETITIONER/SOLE ACCUSED Vs STATE REP.BY THE SUB INSPECTOR OF POLICE, SIVAGANGAI TALUK POLICE STATION, SIVAGANGAI DISTRICT.

(CRIME NO.142 OF 2017) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.S.KARTHICK SUBRAMANIAN Advocate For Respondent : M/S 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/sole accused was arrested and remanded to judicial custody on 05.04.2017 for the offences punishable under Sections 397 and 506(ii) of IPC., in Crime No.142 of 2017, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 05.04.2017, when the defacto complainant was returning from the Kannathal Temple, Nattarasankottai, the petitioner/accused robbed a sum of Rs.500/- by showing an Aruval and threatening to kill the defacto complainant and he ran away from the spot.

3.The learned Government Advocate (Crl.Side) submits that the petitioner is having one previous case and he threatened the defacto complainant with Aruval and robbed Rs.500/- from him. 4.The learned counsel for the petitioner submitted that the petitioner is an innocent person and for statistical purpose only the respondent police has been falsely implicated the petitioner in this case. He further submitted that the petitioner did not involve in the offence as alleged by the prosecution.

5. Considering the above facts and circumstances, 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) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Sivagangai;

(ii) the petitioner is directed to stay at Madurai and appear before the learned Judicial Magistrate No.I, Madurai 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;

(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.

sd/- 21/04/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE NO.II,SIVAGANGAI.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI.

3. THE JUDICIAL MAGISTRATE NO.I,MADURAI.

4. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE,MADURAI.

5. THE OFFICER INCHARGE,SUB JAIL,SIVAGANGAI.

6. THE SUB INSPECTOR OF POLICE, SIVAGANGAI TALUK POLICE STATION, SIVAGANGAI DISTRICT.

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

+1. CC to M/S.S.KARTHICK SUBRAMANIAN Advocate SR.No.20801

ORDER

IN CRL OP(MD) No.4804 of 2017 Date :21/04/2017 MS/PM.PN/SAR.3/21.04.2017/2P.9C https://hcservices.ecourts.gov.in/hcservices/