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Madras High CourtCRL OP(MD)/15123/2018ordered

Mohammed Thowfic v. The Inspector Of Police

2018-09-10Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Tenth day of September Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.15123 of 2018 MOHAMMED THOWFIC ... PETITIONER / ACCUSED NO.4 Vs STATE REP. BY THE INSPECTOR OF POLICE, THANJAVUR MEDICAL COLLEGE POLICE STATION, THANJAVUR.

(IN CR NO. 301 OF 2018) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.R.SUBBURAJ Advocate For Respondent : Mr.V.NEELAKANDAN, Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who was arrested and remanded to judicial custody since 26.07.2018 for the offences punishable under Section 394 of I.P.C. in Crime No.301 of 2018, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that on 10.06.2018 at about 09.00 p.m., A21 and A2 followed the bike of the defacto complainant, when she was going with one Seenivasan as Pillion Rider. At that time, A1 and A2 pulled down her and snatched her hand bag containing a sum of Rs.700/- cash, ATM Card, PAN card, Samsung TAB and cell phone. Hence, the complaint.

3.The learned counsel appearing for the petitioner would submit that as far as the petitioner is concerned, he is arraigned as A4 and as per the prosecution case, he associated with A1 and A2 and he has no specific overt act even as per the first information report and he is jail from 26.07.2018.

4.The learned Additional Public Prosecutor would submit that the investigation is pending.

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6.Considering the facts and circumstances of the case and considering the period of incarceration and also the fact that the petitioner is arraigned as accused on the confession statement of A1, 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 No.II, Thanjavur;

(ii) the petitioner shall appear before the respondent police daily at 10.30 a.m. until further orders.

sd/- 10/09/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II, THANJAVUR.

2 -DO- THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR AT KUMBAKONAM.

3 THE INSPECTOR OF POLICE, THANJAVUR MEDICAL COLLEGE POLICE STATION, THANJAVUR.

4 THE SUPERINTENDENT, CENTRA JAIL, TRICHY.

5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S.R.SUBBURAJ Advocate SR.No.17284

ORDER

IN CRL OP(MD) No.15123 of 2018 Date :10/09/2018 JM/VR MMS/SAR 3/10.09.2018/2P/7C https://hcservices.ecourts.gov.in/hcservices/