C.Prabakaran v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fourth day of May Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice N.AUTHINATHAN CRL OP(MD) No.5579 of 2017 C.PRABAKARAN ... PETITIONER/ACCUSED (RANK NOT KNOWN) Vs STATE REP BY THE INSPECTOR OF POLICE KARIYAPATTI POLICE STATION, VIRUDHUNAGAR DISTRICT CRIME NO.324 OF 2016 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.R.ANAND Advocate For Respondent : MR.K.ANBARASAN, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.
ORDER : The Court Made the following order :- The petitioner, who was arrested and remanded to judicial custody on 03.04.2017 for the offences punishable under Sections 379, 109 and 120(b) IPC in Crime No.324 of 2016 on the file of the respondent police, seeks bail.
2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for the State. 3.The learned counsel for the petitioner submits that in this case, the petitioner was arrested on 03.04.2017 and he has been in custody for more than 30 days.
4.It is represented by the learned Government Advocate (Crl.Side) that a major portion of the property has been recovered and investigation is almost completed.
5. Considering the fact that the period for taking custodial interrogation is over, this Court is inclined to grant bail to the petitioner, subject to the following conditions:
6. Accordingly, the petitioner is ordered to be released on bail on his executing 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, Virudhunagar, Virudhunagar District and on further condition that: https://hcservices.ecourts.gov.in/hcservices/
[a] the petitioner shall report before the Virudhunagar Rural Police Station, daily at 10.00 a.m. for a period of one month and thereafter as and when required for interrogation. [b] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[c] the petitioner shall not abscond either during investigation or trial.
[d] 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]. sd/- 04/05/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE NO.II, VIRUDHUNAGAR, VIRUDHUNAGAR DISTRICT 2 THE CHIEF JUDICIAL MAGISTRATE VIRUDHUNAGAR AT SRIVILLIPUDUR 3 THE INSPECTOR OF POLICE KARIYAPATTI POLICE STATION, VIRUDHUNAGAR DISTRICT 4 THE INSPECTOR OF POLICE, VIRUDHUNAGAR RURAL POLICE STATION, VIRUDHUNAGAR 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
6 THE OFFICER IN CHARGE DISTRICT JAIL, VIRUDHUNAGAR +1. CC to M/S.R.ANAND Advocate SR.No.21870
ORDER
IN CRL OP(MD) No.5579 of 2017 Date :04/05/2017 SMA/KKR/SAR-4/04.05.2017:2P/8C https://hcservices.ecourts.gov.in/hcservices/