Nishanthan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Fourteenth day of September Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.15583 of 2018 NISHANTHAN ... PETITIONER / ACCUSED NO.1 Vs STATE REP. BY THE INSPECTOR OF POLICE, KENIKKARAI POLICE STATION, RAMANATHAPURAM DISTRICT.

(CR NO.190 OF 2018) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.R.ALAGUMANI 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 15.07.2018 for the offences punishable under Section 392 IPC in Crime No.190 of 2018 on the file of the respondent police. He seeks bail. 2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent. 3.The case of the prosecution is that on 12.07.2018, when the defacto complainant and his wife were in their house, some unknown persons were entered into the house and robbed a gold chain weighing 7 sovereigns. Hence, the complaint.

4.The learned counsel for the petitioner would submit that the petitioner is not involved in this case and he has no previous antecedents. Further, he submitted that the petitioner is in judicial custody from 15.07.2018. Hence, he prays for grant of bail to the petitioner.

5.The learned Additional Public Prosecutor submitted that on the confession of the petitioner herein, the jewel was recovered from him and he is having one previous case under Section 307 IPC. https://hcservices.ecourts.gov.in/hcservices/

6.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 through his parents, 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, Ramanathapuram. The concerned Magistrate is directed to accept the sureties from the petitioner's parents.

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

sd/- 14/09/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II, RAMANATHAPURAM.

2 -DO- THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM.

3 THE INSPECTOR OF POLICE, KENIKKARAI POLICE STATION, RAMANATHAPURAM DISTRICT.

4 THE OFFICER INCHARGE, DISTRICT JAIL, RAMANATHAPURAM.

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

+1. CC to M/S.R.ALAGUMANI Advocate SR.No. 17768

ORDER

IN CRL OP(MD) No.15583 of 2018 Date :14/09/2018 https://hcservices.ecourts.gov.in/hcservices/ JM/VR MMS/SAR 2/18.09.2018/2P/7C