Madras High CourtCRL OP(MD)/3126/2016allowed

M. Andichamy v. The Sub Inspector Of Police

2016-02-26Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Sixth day of February Two Thousand Sixteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.3126 of 2016 1 M. ANDICHAMY 2 P. KANNAN 3 G. ALAGAMMAL ... PETITIONERS / ACCUSED NO.1 TO 3 Vs THE STATE REP.BY THE SUB INSPECTOR OF POLICE NATHAM POLICE STATION, DINDIGUL DISTRICT, CR NO.38 OF 2016. ... RESPONDENT / COMPLAINANT For Petitioner : M/S A.RAHUL 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 26.01.2016 for the offences punishable under Section 399 IPC in Crime No.38 of 2016 on the file of the respondent police, seek bail.

Heard Mr.A.Rahul, learned counsel appearing for the petitioner and Mr.A.P.Balasubramani, learned Government Advocate (Criminal Side) appearing for the State.

3. Taking into consideration the nature of the allegations and the fact that there are no previous case against the petitioners, this Court is of the view that this is a fit case 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) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate Natham;

[ii] the petitioners 1 and 2 shall report before the respondent police every day at 6.30 p.m. until further orders and the 3rd petitioner shall report before the respondent police as and when required for interrogation.

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

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[iv] the petitioners shall not abscond either during investigation or trial.

[v] 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]. [vi] The concerned Inspector of Police is directed to send compliance report to the office of the learned Government Advocate (Crl. Side) as to whether the petitioners are complying with the condition or not.

sd/- 26/02/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,NATHAM.

2 DO THRO'THE CHIEF JUDICIAL MAGISTRATE,DINDIGUL. 3 THE ADDL. PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE SUB INSPECTOR OF POLICE NATHAM POLICE STATION,DINDIGUL DISTRICT.

5 THE SUPERINTENDENT CENTRAL PRISON, MADURAI. +1. CC to M/S A.RAHUL Advocate SR.No.11198

ORDER

IN CRL OP(MD) No.3126 of 2016 Date :26/02/2016 RG.NGM-SS/SAR-I 26.02.2016 2P/7C https://hcservices.ecourts.gov.in/hcservices/