Madras High CourtCRL OP(MD)/20534/2016ordered

Alagusubramanian v. The Sub Inspector Of Police

2016-10-26Honourable Mr Justice M. Govindaraj2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Sixth day of October Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice M.GOVINDARAJ CRL OP(MD) No.20534 of 2016 1 ALAGUSUBRAMANIAN 2 POOLPANDI ... PETITIONER/ACCUSED No.1 and 2 Vs STATE REPRESENTED BY THE SUB INSPECTOR OF POLICE KOVILPATTI WEST POLICE STATION, THOOTHUKUDI DISTRICT, CRIME NO.615/2016 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.R.SATHIS Advocate For Respondent : MR.A.P.BALASUBRAMANI, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners, who were arrested and remanded to judicial custody on 17.09.2016 for the offences punishable under Section 398 of Indian Penal Code in Crime No.615 of 2016 on the file of the respondent police, seek bail.

2. The case of the prosecution is that both the petitioners attempted to commit robbery at knife point.

3. The learned counsel appearing for the petitioners would submit that the petitioners are not committed any offence and they have been falsely implicated in this case.

4. Heard the learned Government Advocate(Crl. Side) appearing for the respondent.

5. Considering the facts and circumstances of the case, this Court is inclined to grant bail to the petitioners, with stringent conditions. Accordingly, the petitioners are ordered to be released on bail on each of them 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, Kovilpatti and on further condition that:

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[a] the petitioners shall stay at Thiruthani and appear befor the Thiruthani Temple Police Station daily at 10.30 a.m., until further orders.

[b] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[c] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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]. [e] The Inspector of Police concerned is directed to send a compliance report to the Office of the learned Government Advocate (Criminal side), whether the petitioner is complying with the order or not.

sd/- 26/10/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II, KOVILPATTI 2 THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN DISTRICT 3 THE SUB INSPECTOR OF POLICE, KOVILPATTI WEST POLICE STATION, THOOTHUKUDI DISTRICT, 4 THE INSPECTOR OF POLICE, THIRUTHANI TEMPLE POLICE STATION, THIRUTHANI 5 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI 6 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.R.SATHIS Advocate SR.No.63968

ORDER

IN CRL OP(MD) No.20534 of 2016 Date :26/10/2016 SMA/GSV-PM/SAR-I/26.10.2016:2P/8C https://hcservices.ecourts.gov.in/hcservices/