Sadam Usain, v. The Sub Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty First day of August Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.14451 of 2018 SADAM USAIN ... PETITIONER / ACCUSED NO.2 Vs STATE REP.BY THE SUB INSPECTOR OF POLICE, ARUMUGANERI POLICE STATION, THOOTHUKUDI DISTRICT.

CRIME NO.417 OF 2013 ... RESPONDENT / COMPLAINANT For Petitioner : Mr.R.ANAND, 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 is in judicial custody since 27.06.2018 for the offences punishable under Sections 457 and 380 I.P.C in Crime No.417 of 2018 on the file of the respondent police. He seeks bail. 2.The case of the prosecution is that on 09.06.2018, the petitioner along with A2 had barged into the house of the defacto complainant and committed theft of gold jewels to the value of Rs.6,00,000/-. Hence, the case has been registered and the petitioner was arrested and remanded to judicial custody. Thereafter, the petitioner moved the bail application and the same was allowed. Due to non appearance of the petitioner during the trial, NBW came to be issued and he was remanded to judicial custody.

3.The learned counsel for the petitioner would submit that the petitioner is an innocent. Due to his ill-health, he was not able to appear before the trial Court. He further submitted that the petitioner is in incarceration from 27.06.2018 onwards. Hence, he prays for grant of bail to the petitioner.

4.Heard the learned Additional Public Prosecutor appearing for the respondent.

https://hcservices.ecourts.gov.in/hcservices/ 5.Considering the above facts and circumstances and also considering the period of incarceration of the petitioner, this

Court is inclined to grant bail to the petitioner. 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, Tiruchendur.

(ii)the petitioner shall appear before the trial Court daily at 10.30 a.m and 5.30 p.m until further orders. sd/- 21/08/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE, TIRUCHCHENDUR.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT.

3. THE SUPERINTENDENT,CENTRAL PRISON, PALAYMKOTTAI, TIRUNELVELI DISTRICT.

4. THE SUB INSPECTOR OF POLICE, ARUMUGANERI POLICE STATION, THOOTHUKUDI DISTRICT.

5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to Mr.R.ANAND Advocate SR.No.15879

ORDER

IN CRL OP(MD) No.14451 of 2018 Date :21/08/2018 MS/PN/SAR-1/21.08.2018/2P.7C https://hcservices.ecourts.gov.in/hcservices/