K. Siddhiq Ali v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26/08/2019 PRESENT The Hon`ble Mr.Justice P.RAJAMANICKAM K.Siddhiq Ali ... Petitioner/3rd Accused Vs State Rep.by The Inspector of Police, Karur Town Police Station, Karur District.

Crime No.384 of 2019.

... Respondent/Complainant For Petitioner : M/s.N.Stalin, Advocate.

For Respondent : Mr.V.Neelakandan, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.384 of 2019 on the file of the respondent police.

ORDER : The Court Made the following order :- The petition has been filed by Accused No.3 seeking bail for the alleged offence punishable under Section 394 IPC altered into 397 of IPC, in Crime No.384 of 2019.

2. Heard both sides.

3.The learned counsel appearing for the petitioner has submitted that the petitioner is falsely implicated in this case and as per the FIR, on 10.06.2019, when the defacto complainant was returning his home in his two wheeler, two unknown persons waylaid him and attacked him and they snatched two gold rings of the defacto complainant weighing about 4 sovereigns and caused injuries. He further submitted that the petitioner is in custody from 22.06.2019, and therefore, he prayed to grant of bail to the petitioner. 1/3

4.The learned Additional Public Prosecutor appearing for the respondent has submitted that on 10.06.2019, when the defacto complainant was returning his home in his two wheeler, two unknown persons waylaid him and attacked him and they snatched two gold rings of the defacto complainant weighing about 4 sovereigns and caused injuries. He further submitted that the investigation is completed and final report has been filed and the same was taken on file in PRC.No.13 of 2019 by the concerned Magistrate. He fairly conceded that the petitioner is not having any bad antecedent. 5.Taking into consideration of the fact that the petitioner is in custody from 22.06.2019 and already investigation is completed and the charged sheet also filed and the case has been taken on file in PRC.No.13 of 2019 and also the fact that the petitioner is not having any bad antecedent, this Court is inclined to grant bail to the petitioner by imposing conditions.

[a] 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 learned Judicial Magistrate, No.I, Karur.

[b] the petitioner shall report before the Respondent Police, daily at 10.00 a.m for a period of One Month and thereafter, as and when required for the interrogation.

[c] the petitioner shall not abscond either during investigation or trial.

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner 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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 26/08/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO

1. THE JUDICIAL MAGISTRATE NO.I, KARUR.

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

3. THE SUPERINTENDENT,CENTRAL PRISON, TRICHY.

4. THE INSPECTOR OF POLICE, KARUR TOWN POLICE STATION, KARUR DISTRICT.

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

+1. CC to M/S.N.STALIN, Advocate SR.No.13999

ORDER

IN CRL OP(MD) No.11813 of 2019 Date :26/08/2019 MS/MMS/SAR-1/26.08.2019/3P.7C 3/3