Madras High CourtCRL OP(MD)/23274/2016granted

Maheswaran v. The Inspector Of Police,

2017-01-04Honourable Mr Justice A.M. Basheer Ahamed2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fourth day of January Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.23274 of 2016 MAHESWARAN ..PETITIONER/ACCUSED Vs.

STATE REP.BY THE INSPECTOR OF POLICE, ERAL POLICE STATION, THOOTHUKUDI DISTRICT.

(CRIME NO.238 OF 2016) ..RESPONDENT/COMPLAINANT For Petitioner : M/S.S.DEENADHAYALAN Advocate For Respondent : Mr.P.KANDASAMY, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner/Accused, was arrested on 23.11.2016 for the offences punishable under Sections 392 I.P.C., @ 395 of I.P.C., in Crime No.238 of 2016 on the file of the respondent police, seeks bail.

2. The learned Government Advocate (Crl.side) appearing for the respondent states that F.I.R. was registered against the unnamed accused and during the investigation, A1 to A5 were arrested and the petitioner herein is A3 and all the accused are in custody from 23.11.2016.

3. The learned counsel for the petitioner states that the petitioner herein was implicated in this case as per the confession statement of A1 and 8 sovereigns of gold chain was recovered from A1.

4. Considering the above facts and circumstances of the case and also the fact that gold chain was recovered from A1 and the petitioner is in custody from 23.11.2016, this Court is inclined to grant bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail subject to the following conditions: (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, Srivaikundam;

(ii) the petitioner is directed to appear before the learned Judicial Magistrate, Srivaikundam daily at 10.30 a.m. until further orders;

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(iii) the petitioner shall not tamper with the evidence or witness either during investigation or trial; (iv) the petitioner 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 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/- 04/01/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, SRIVAIKUNDAM, THOOTHUKUDI DISTRICT. 2 -do-thro'THE CHIEF JUDICIAL MAGISTRATE,THOOTHUKUDI. 3 THE ADDL.PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE INSPECTOR OF POLICE, ERAL POLICE STATION, THOOTHUKUDI DISTRICT.

5 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI, TIRUNELVELI DISTRICT.

+1. CC to M/S.S.DEENADHAYALAN Advocate SR.No.605 ORDER IN CRL OP(MD) No.23274 of 2016 Date :04/01/2017 PBK/SS-3/SAR-III 04/01/2017 ::2P-7C:

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