Alagupandi v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Fourth day of June Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.8730 of 2018 ALAGUPANDI ... PETITIONER /SOLE ACCUSED Vs STATE REP.BY THE INSPECTOR OF POLICE KOODALPUDUR POLICE STATION, MADURAI DISTRICT.
IN CRIME NO.275 OF 2018 ... RESPONDENT / COMPLAINANT For Petitioner : Mr.R.SELVARAJ Advocate For Respondent : Mr.A.P.G.OHM CHAIRMA PRABHU, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.
ORDER : The Court Made the following order :- The petitioner is the sole accused. He was arrested and remanded to judicial custody on 10.04.2018 for the offences punishable under Sections 392, 397 and 506(ii) I.P.C., in Crime No.275 of 2018 on the file of the respondent police. He seeks bail. 2.The learned Government Advocate (Crl.side) opposes the prayer of the petitioner on the ground that he is having a number of previous cases to his credit.
3.This Court went through the contents of the First Information Report. They do not inspire the confidence of this Court. This observation is recorded only for the purpose of granting the relief sought for in this petition and this will not be taken advantage in any other proceedings.
4.The learned counsel appearing for the petitioner undertakes that he will not file relaxation petition for relaxing the condition imposed in this order.
5.Recording the undertaken given by the learned counsel appearing for the petitioner, this Court is 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;
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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.IV, Madurai.
(ii)the petitioner is directed to appear before the respondent police daily evening at 05.00 p.m., for a period of 12 weeks and thereafter, as and when required. (iii)the petitioner shall not abscond.
(iv)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/- 04/06/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
1. THE JUDICIAL MAGISTRATE NO.IV, MADURAI.
2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.
3. THE INSPECTOR OF POLICE KOODALPUDUR POLICE STATION, MADURAI DISTRICT.
4. THE SUPERINTENDENT,CENTRAL PRISON, MADURAI.
5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to Mr.R.SELVARAJ Advocate SR.No.9417
ORDER
IN CRL OP(MD) No.8730 of 2018 Date :04/06/2018 MS/PN/VK/04.06.2018/2P.7C https://hcservices.ecourts.gov.in/hcservices/