Sivabalakrishnan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/11/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Sivabalakrishnan (Wrongly stated as Manoj) ... Petitioner/Rank Not Known Vs State Rep.by The Inspector of Police, Sivagangai Taluk Police Station, Sivagangai District (Crime No.251 of 2023).
... Respondent/Complainant For Petitioner :
M/s.R.Senthilkumar, Advocate.
For Respondent :
Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- For Bail in Crime No.251 of 2023 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/Accused rank not known arrested on 04.09.2023 at for the offences punishable under Sections 395, 397 IPC of IPC in Crime No.251 of 2023 on 1/3
the file of the respondent Police, hence, seeks bail. 2.The case of the prosecution is that on 06.09.2023 at 7.00 p.m., while the defacto complainant standing near Nattarasankottai Arch Bus Stop, six unknown persons came there, threatened him with deadly weapons, snatched his mobile phone worth about Rs.5,000/- and the amount 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. He would further submit that the petitioner is in judicial custody from 04.09.2023, hence he seeks bail.
4.The learned Additional Public Prosecutor submitted that this is the second petition for bail and the earlier petition was dismissed by this Court on 26.09.2023 and there is no change in circumstances of the case to consider the present petition. 5.Though the earlier petition was dismissed considering the facts and circumstances of the case and considering the period of incarceration , 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 satisfaction of the learned Judicial Magistrate No.II, Sivagangai and on further condition that the 2/3
petitioner shall report before the respondent police daily at 10.30 a.m. until further orders.
sd/- 08/11/2023 / TRUE COPY / 08/11/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
AAV TO 1 THE JUDICIAL MAGISTRATE NO.II, SIVAGANGAI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI. 3 THE OFFICER INCHARGE, DISTRICT SUB JAIL, VIRUDHUNAGAR DISTRICT. 4 THE INSPECTOR OF POLICE, SIVAGANGAI TALUK POLICE STATION, SIVAGANGAI DISTRICT.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.R.SENTHILKUMAR, Advocate ( SR-16044[I] dated 08/11/2023 ) ORDER IN CRL OP(MD) No.19473 of 2023 Date :08/11/2023 RS//SAR-(08.11.2023) 3P 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3