Selvam v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Eighth day of April Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice P.N.PRAKASH CRL OP(MD) No.6985 of 2016 1 SELVAM 2 THANGAPANDI ... PETITIONERS/ACCUSED Nos.3 & 4 Vs STATE REP.BY THE INSPECTOR OF POLICE SATTUR TOWN POLICE STATION, VIRUDHUNAGAR DISTRICT.
(CR.NO. 168/2015) ... RESPONDENT/COMPLAINANT For Petitioner : M/S G.MARIMUTHU 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 17.03.2016, for the offences punishable under Sections 408,415,418,420,424,465,468,474 and 477(A) IPC, in Crime No.168 of 2015, on the file of the respondent Police, seek bail. 2.
Heard Mr.G.Marimuthu, learned counsel appearing for the petitioners / Accused and Mr.A.P.Balasubramani, learned Government Advocate (Criminal Side) appearing for the State.
3. The case of the prosecution is that the petitioners are transporters and that A1 in this case had misused the goods of the defacto complainant that was entrusted to him for transporting. In this case, A2, A5 and A6 have already been released on anticipatory bail. A1 has been arrested on 17.03.2016 and still he is in custody. These petitioners are only transporters.
4. Taking into consideration the nature of allegations made against the petitioners, this Court is of the view that this is a fit case to grant bail to the petitioners / Accused. Accordingly, they are ordered to be released on bail, subject to the following conditions: (i) the petitioners / Accused Nos.3 and 4 shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate-II, Sattur.
(ii)the petitioners / Accused Nos.3 and 4 shall report before the respondent Police, daily at 6.30 p.m., until further orders.
(iii)the petitioners/ Accused Nos.3 and 4 shall not tamper with evidence or witness either during investigation or trial.
https://hcservices.ecourts.gov.in/hcservices/
(iv)the petitioners / Accused Nos.3 and 4 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 / Accused Nos.3 and 4 in accordance with law as if the conditions have been imposed and the petitioners / Accused Nos.3 and 4 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].
5. The Inspector of Police concerned is directed to send a compliance report to the office of the learned Government Advocate, as to whether the petitioners are complying with the condition or not. sd/- 28/04/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE NO.II, SATTUR.
2 DO-THRO' THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.
3 THE OFFICER INCHARGE, DISTRICT PRISON,VIRUDHUNAGAR.
4 THE INSPECTOR OF POLICE SATTUR TOWN POLICE STATION, VIRUDHUNAGAR DISTRICT.
THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT,MADURAI.
+1. CC to M/S G.MARIMUTHU Advocate SR.No.24573
ORDER
IN CRL OP(MD) No.6985 of 2016 Date :28/04/2016 PA/SK-SKN/SAR I/28.04.2016/2P/7C https://hcservices.ecourts.gov.in/hcservices/