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Madras High CourtCRL OP(MD)/19586/2019granted

Vijay @ Viji v. The Inspector Of Police

2020-01-07Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/01/2020 PRESENT The Hon'ble Mr.Justice G.R.SWAMINATHAN

1. Vijay @ Viji, S/o Ayyapillai,

2. Vijay, S/o Subbaiya, ... Petitioners/Accused Nos. 1 & 2 Vs State rep.by The Inspector of Police, Thirugokarnam Police Station, Pudukkottai District , In Crime No.266 of 2019. ... Respondent/Complainant For Petitioners : M/s.G.Mathavan, Advocate.

For Respondent : Mrs.M.Ananthadevi, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.266 of 2019 on the file of the Respondent Police.

ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioners and the learned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioners are in custody since 01.12.2019 for the offences punishable under sections 392 and 397 of I.P.C., in Crime No.266 of 2019 on the file of the respondent police. They seek bail.

3. The petitioners are said to have snatched a gold chain from the victim. The property has since been recovered. The petitioner's counsel produced the photo copies of the Aadhar Card of the petitioners indicating that they are having roots in the society. 1/3

4. I, therefore, grant bail to them subject to the condition that the petitioners shall appear before the respondent daily at 10.30 a.m., for a period of six weeks.

5.The petitioner's counsel gives an undertaking that they will not apply for modification or relaxation of this condition. 6.Accordingly, the petitioners are ordered to be released on bail, subject to the following conditions;

(i) the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten thousand only)each with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Pudukkottai.

(ii) the petitioners shall appear before the respondent daily at 10.30 a.m., for a period of six weeks.

(iii) on breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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]. sd/- 07/01/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II, PUDUKKOTTAI.

2 -DO-THRO-THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI DISTRICT.

3 THE OFFICER IN CHARGE, DISTRICT PRISON, PUDUKKOTTAI.

4 THE INSPECTOR OF POLICE THIRUGOKARNAM POLICE STATION, PUDUKKOTTAI DISTRICT 2/3

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

+1 CC to M/s.G.MATHAVAN, Advocate ( SR-246[I] dated 07/01/2020 )

ORDER

IN CRL OP(MD) No.19586 of 2019 Date :07/01/2020 RMI ES/VR/SAR 4/07.01.2020/3P/7C 3/3