Sheik @ Sheik Mohammed, v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twelfth day of June Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.9489 of 2018 SHEIK @ SHEIK MOHAMMED ... PETITIONER / ACCUSED Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE VALANADU POLICE STATION, TRICHY DISTRICT (CR.NO.415/2015) ... RESPONDENT / COMPLAINANT For Petitioner : MR.N.ANANDAKUMAR Advocate For Respondent : Mr.A.ROBINSON, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner is in judicial custody since 05.03.2018 for the offences punishable under Sections 457 and 380 I.P.C. in Crime No.415 of 2015 on the file of the respondent police. He seeks bail. 2.Heard the learned Government Advocate (Crl.Side) for the respondent.

3.The petitioner is facing trial in C.C.No.109 of 2016 on the file of the Judicial Magistrate, Manapparai. The petitioner had absconded. Therefore, NBW came to be issued and he was secured pursuant to the arrest.

4.The learned counsel appearing for the petitioner undertakes that the petitioner shall appear before the Court below regularly on all future hearing dates without fail.

5.If the petitioner fails to appear before the Court below for future hearings, he is entitled to file appropriate petition under Section 317 Cr.P.C. Even if on one hearing, he is absent and no application is filed for condoning his absence, this order granting bail shall stand cancelled.

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5.Recording the above said undertaking 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;

(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, Manapparai, Trichy District.

(ii) The petitioner shall not abscond.

(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/- 12/06/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE , MANAPPARAI, TRICHY DISTRICT 2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT 3 THE INSPECTOR OF POLICE VALANADU POLICE STATION, TRICHY DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT,MADURAI 5 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY +1. CC to M/S.N.ANANDAKUMAR Advocate SR.No.10164 MSA JAM/12/06/2018/ PN/RNB/ 2P-7C

ORDER

IN CRL OP(MD) No.9489 of 2018 Date :12/06/2018 https://hcservices.ecourts.gov.in/hcservices/