Ananth v. The Inspector Of Police

CRL OP(MD). No.6021 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/06/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.6021 of 2020 Ananth ... Petitioner/Sole Accused Vs State Rep.by The Inspector of Police, Thiruvegampathur Police Station, Thiruvegampathur, Sivagangai District.

(Crime.No.235 of 2014) ... Respondent/Complainant For Petitioner : M/s.P.Krishnaveni, 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.235 of 2014 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 Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioner is facing trial in C.C.No.24 of 2015 on the file of the Judicial Magistrate, Devakottai, Sivagangai District, for the offences under Section 394 of I.P.C.

3. The petitioner is said to have stolen a goat. The petitioner was absent on 03.08.2019 leading to issuance of Non Bailable Warrant. The petitioner was secured on 17.12.2019. He is in prison ever since.

4. The petitioner through his counsel gives an undertaking that he will scrupulously and faithfully attend all future hearings and he will not abscond hereafter. He will not contribute to delay in the trial. If this undertaking is breached by the petitioner, I will not hesitate to cancel this bail.

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CRL OP(MD). No.6021 of 2020

5. Recording the said undertaking given by the petitioner, I am inclined to enlarge the petitioner on bail with certain conditions. Accordingly, the petitioner is ordered to be released on bail, subject to the following conditions;

(i) the petitioner shall be released on own bond by the Magistrate without insisting on sureties. However, the petitioner is 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, Devakottai, Sivagangai District, after the concerned Court is reopened. (ii)the petitioner is 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 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/- 11/06/2020 / 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, DEVAKOTTAI, SIVAGANGAI DISTRICT.

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

3. THE SUPERINTENDENT,CENTRAL PRISON, TRICHY.

4. THE INSPECTOR OF POLICE, THIRUVEGAMPATHUR POLICE STATION, THIRUVEGAMPATHUR, SIVAGANGAI DISTRICT.

5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN CRL OP(MD) No.6021 of 2020 Date :11/06/2020 MS/PN/SAR-2/11.06.2020/2P.6C https://hcservices.ecourts.gov.in/hcservices/ 2/2