Madras High CourtCRL OP(MD)/22656/2016granted

Karikalan v. The Inspector Of Police,

2016-12-02Honourable Mr Justice S. Vaidyanathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Second day of December Two Thousand Sixteen PRESENT The Hon`ble Mr Justice S.VAIDYANATHAN CRL OP(MD) No.22656 of 2016 1 KARIKALAN 2 SIVARAMAN 3 POORNAVIGNESH 4 SATHISH KUMAR ..PETITIONERS/ACCUSED 1 to 3 & 5 Vs.

STATE REP.BY THE INSPECTOR OF POLICE, RAMJEE NAGAR POLICE STATION, TRICHY DISTRICT.

(CRIME NO.231 OF 2016) ..RESPONDENT/COMPLAINANT For Petitioner : M/S.M.PITCHAIMUTHU Advocate For Respondent : M/s.S.PRABHA, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners / A1 to A3 and A5, who were arrested on 22.11.2016 for the offences punishable under Section 399 IPC in Crime No.231 of 2016 on the file of the respondent police, seek bail.

2.The case of the prosecution is that the petitioners and other accused have assembled unlawfully and attempted to commit robbery. 3.The learned counsel for the petitioners would submit that the petitioners are innocent persons and they have been falsely implicated in this case. He would further submit that the petitioners are in judicial custody from 22.11.2016 onwards. 4.Heard the learned Government Advocate(Crl. Side) on the above submission.

5.Considering the facts and circumstances of the case and that the petitioners have been in custody from 22.11.2016 onwards, this Court is inclined to grant bail to the petitioners. Accordingly, the petitioners are ordered to be released on bail subject to the following conditions:

(i)the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties, each for a like sum to the satisfaction of the https://hcservices.ecourts.gov.in/hcservices/

Judicial Magistrate No.III, Trichy;

(ii)the petitioners are directed to stay at Vellore and report before the Vellore Taluk Police Station daily at 10.30 a.m. for a period of one month and thereafter, daily at 10.30 am before the respondent Police until further orders;

(iii)the petitioners shall not tamper with the evidence or witness either during investigation or trial; (iv) the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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/- 02/12/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.III, TRICHY.

2 -do-thro'THE CHIEF JUDICIAL MAGISTRATE,TRICHY. 3 THE ADDL.PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE INSPECTOR OF POLICE, RAMJEE NAGAR POLICE STATION, TRICHY DISTRICT.

5 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY. 6 THE INSPECTOR OF POLICE, VELLORE TALUK POLICE STATION, VELORE. +1. CC to M/S.M.PITCHAIMUTHU Advocate SR.No.78562 ORDER IN CRL OP(MD) No.22656 of 2016 Date :02/12/2016 PBK/GSV-PM/SAR-II 08/12/2016 ::2P-8C:

https://hcservices.ecourts.gov.in/hcservices/