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Madras High CourtCRL OP(MD)/11435/2022granted

Sri Ramgowsik v. The Inspector Of Police

2022-06-29Honourable Mr Justice G.Ilangovan2 pages

CRL OP(MD). No.11435 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/06/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.11435 of 2022 Sri RamGowsik ... Petitioner/Accused No.5 Vs The State Rep. By, The Inspector of Police, Austinpatti Police Station, Madurai.

Crime.No.106 of 2022.

... Respondent/Complainant For Petitioner : Mr.Balasubramanian V, Advocate.

For Respondent : Mr.P.Thanga Aravindh Government Advocate (Crl.side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No. 106 of 2022 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner, who is the 5th accused, was arrested and remanded to judicial custody on 29.05.2022 for the offences punishable under Sections 392, 414, 120B, 402, 149 IPC in Crime No.106 of 2022 and seeks bail.

2.The case of the prosecution is that on 28.05.2022 at about 09.30 am., when the defacto complainant was near the place of occurrence, two persons came in a two wheeler behind her, tried to snatch her gold chain and also demanded money. Snatching the 41⁄2 sovereigns of gold chain, the accused persons ran away from that place. The petitioner is arrayed as 5th accused in the aforesaid occurrence.

3.The learned counsel for the petitioner submits that the petitioner is a college going student and the gold chain has been recovered from the 2nd accused. He would further submit that the petitioner is not involved in the aforesaid occurrence and his two wheeler has been wrongly used by the co-accused and on 29.05.2022, he is in judicial custody.

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CRL OP(MD). No.11435 of 2022 4.It is seen that the accused 2 to 4 have been released on bail after arrest and remand. The bail application that was moved by this petitioner came to be dismissed in Cr.M.P.No.2724 of 2022 by the learned Principal Sessions Judge, Madurai on 22.06.2022. 5.Considering the duration of the custody of the petitioner and considering the fact that no previous bad antecedent is reported against the petitioner, this court is inclined to grant bail to the petitioner with certain conditions.

6.Accordingly, the petitioner is ordered to be released on bail on his executing 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 Judicial Magistrate Court, Tirumangalam, and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders. sd/- 29/06/2022 / TRUE COPY / 29/06/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO

1. THE JUDICIAL MAGISTRATE, THIRUMANGALAM.

2. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3. THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

4. THE INSPECTOR OF POLICE, AUSTINPATTI POLICE STATION, MADURAI.

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

+1 CC to M/s.V.BALASUBRAMANIAN, Advocate (SR-6282[I] dated 29/06/2022)

ORDER

IN CRL OP(MD) No.11435 of 2022 Date :29/06/2022 USK/VR/SAR-III/29.06.2022/2P/7C https://hcservices.ecourts.gov.in/hcservices/ 2/2