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Madras High CourtCRL OP(MD)/13357/2023granted

Prabhudeva v. The Sub Inspector Of Police

2023-08-17Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17/08/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Prabhudeva, ... Petitioner/Accused No.1 Vs State Rep.by The Sub Inspector of Police, Kalaiyarkovil Police Station, Sivagangai District.

Crime No.229/2023.

... Respondent/Complainant For Petitioner : M/s Mohan.A, Advocate.

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

PRAYER :- For Bail in Crime No.229 of 2023 on the file of the respondent police ORDER : The Court made the following order :- The petitioner/Accused herein, who was arrested on 25.06.2023 for the alleged 1/3

offence under Section 394 of IPC, in Crime No.229 of 2023, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 25.06.2023 at about 07.00 p.m, the petitioner along with the other accused persons waylaid the defacto complainant by showing sword and robbed 1-1/2 sovereigns of gold chain, one mobile phone and a sum of Rs.1,000/-. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. The petitioner is in custody from 25.06.2023. Hence, prays for bail.

4. The learned Additional Public Prosecutor (Crl.Side) submitted that the petitioner is having six previous cases. Hence, prays to dismiss the petition. 5.Considering the facts and circumstances of the case and also considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with stringent conditions. 6.Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail, on executing a personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the 2/3

satisfaction of the learned Judicial Magistrate No.I, Sivagangai, and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders.

sd/- 17/08/2023 / TRUE COPY / 17/08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TTA TO THE JUDICIAL MAGISTRATE NO.I,SIVAGANGAI.

DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT. THE OFFICER INCHARGE DISTRICT JAIL, RAMANATHAPURAM.

THE SUB INSPECTOR OF POLICE KALAIYARKOVIL POLICE STATION, SIVAGANGAI DISTRICT THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.A.MOHAN, Advocate ( SR-12357[I] dated 17/08/2023 )

ORDER

IN CRL OP(MD) No.13357 of 2023 Date :17/08/2023 PKP//SAR- /17.08.2023/ 3P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3