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Madras High CourtCRL OP(MD)/15039/2018ordered

Tholabik@Tholabik Mohammed v. The Inspector Of Police

2018-09-03Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Third day of September Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) Nos.15039 and 15040 of 2018 THOUABIK@THOUABIK MOHAMMED ... PETITIONER / SOLE ACCUSED / SOLE ACCUSED IN BOTH PETITIONS Vs THE STATE REP.BY, THE INSPECTOR OF POLICE KARUR TOWN(CRIME) POLICE STATION, KARUR DISTRICT, CRIME NO.839 OF 2013 CRIME NO.840 OF 2013 ... RESPONDENT / COMPLAINANT / COMPLAINANT IN BOTH PETITIONS For Petitioner : M/S.G.THALAIMUTHARASU Advocate IN BOTH PETITIONS For Respondent : Mr.V.NEELAKANDAN Additional Public Prosecutor IN BOTH PETITIONS PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner is in judicial custody since 09.07.2018 for the offences punishable under Sections 457 and 511 IPC and Sections 380 457 IPC in Crime Nos.840 and 839 of 2013 respectively and he seeks bail.

2.The case of the prosecution is that the petitioner was originally arrested in both the crime numbers for the aforesaid offences. After conducting investigation, the respondent police filed a charge sheet and the same was taken on file in C.C.Nos.232 and 273 of 2014 on the file of the learned Judicial Magistrate No.I, Karur. On 05.08.2016, the petitioner did not appear before the trial Court and therefore, Non Bailable Warrant came to be issued as against the petitioner and on such N.B.W, the petitioner was arrested and remanded in judicial custody on 09.07.2018. 3.Heard the learned counsel for the petitioner. https://hcservices.ecourts.gov.in/hcservices/

4.The learned Additional Public Prosecutor for the respondent would submit that for the past 21⁄2 years he was absconding from attending the Court proceedings.

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 No.I, Karur, (ii)the petitioner shall appear before the trial Court daily at 10.30 a.m. until further orders;

sd/- 03/09/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I, KARUR DISTRICT.

2 -DO- THRO THE CHIEF JUDICIAL MAGISTRATE, KARUR DISTRICT.

3 THE INSPECTOR OF POLICE KARUR TOWN(CRIME) POLICE STATION, KARUR DISTRICT THE SUPERINTENDANT OF CENTRAL PRISON, TRICHY.

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

+1. CC to M/S.G.THALAIMUTHARASU Advocate SR.No.16782

ORDER

IN CRL OP(MD) No.15039 of 2018 Date :03/09/2018 MV:JC:SAR2:04/09/18/2P/7C https://hcservices.ecourts.gov.in/hcservices/