Oosi Mandayan @ Yowvaraj v. The Sub-Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Thirteenth day of June Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.9594 of 2018 OOSI MANDAYAN @ YOWVARAJ ... PETITIONER / ACCUSED No.2 Vs THE STATE REPRESENTED BY THE SUB-INSPECTOR OF POLICE, AMATHUR POLICE STATION, (CRIME No.80 of 2013).

... RESPONDENT / COMPLAINANT For Petitioner : Mr.S.RAMACHANDRA PRADEEP 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 accused No.2. He was arrested and remanded to judicial custody on 24.07.2013 for the offences punishable under Sections 136(1)(a) of Electricity Act, 2003 r/w 379 of IPC in Crime No. 80 of 2013, on the file of the respondent police. He seeks bail. 2.The petitioner is in custody since 24.07.2013 for offences under Sections 136(1)(a) of Electricity Act, 2003 r/w 379 of IPC. The value of the property stolen is Rs.1,29,000/-. The property has been recovered long back. The petitioner was involved in two other cases but he is acquitted in those cases.

3. Therefore, considering the long period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner 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 Principal District Sessions Judge, Srivilliputhur. https://hcservices.ecourts.gov.in/hcservices/

(ii) the petitioner is directed to appear before the respondent police as and when required for interrogation. (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].

4. The learned Trial Judge is directed to expedite the trial proceedings also.

sd/- 13/06/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE PRINCIPAL DISTRICT SESSIONS JUDGE, SRIVILLIPUTHUR.

2 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

3 THE SUB-INSPECTOR OF POLICE, AMATHUR POLICE STATION, 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.O.S.RAMACHANDRA PRADEEP Advocate SR.No.10364.

ORDER

IN CRL OP(MD) No.9594 of 2018 Date :13/06/2018 SDS/RR:CSL/GSR/13.06.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/