CRL OP(MD)/24164/2016 of MOHAN @ MOHANASUNDARAM, Vs THE INSPECTOR OF POLICE, on 29 December 2016

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT( Criminal Jurisdiction )

Thursday, the Twenty Ninth day of December Two Thousand Sixteen PRESENT

The Hon`ble Mr Justice R.MAHADEVAN

CRL OP(MD) No.24164 of 2016

MOHAN @ MOHANASUNDARAM ... PETITIONER/ACCUSED NO.5

Vs

STATE BY

THE INSPECTOR OF POLICE, THIRUVEGAMPATHUR POLICE STATION, SIVAGANGAI DISTRICT

CRIME NO.86 OF 2014 ... RESPONDENT/COMPLAINANT

For Petitioner : M/S.K.R.BADURUS ZAMAN Advocate For Respondent : MR.P.KANDASAMY, Govt. Advocate ( Crl. Side)

PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner/A5, who was arrested and remanded to judicialcustody on 21.09.2016 for the alleged offences punishable underSections 392 and 379 IPC in Crime No.86 of 2014 on the file of therespondent police and hence, seeks bail.

2.The case of the prosecution is that the accused trespassedinto the house of the defacto complainant and robbed gold jewels andcash by showing knife.

3. The learned counsel for the petitioner states that thepetitioner is the fifth accused in this case and he is innocent andhe has been falsely implicated in this case.

4. The learned Government Advocate(Crl. Side) appearing forthe respondent on instructions submitted that one previous case ispending against the petitioner.

5. Considering the above facts and circumstances of the caseand also considering the period of incarceration undergone by thepetitioner, this Court is inclined to grant bail to the petitionerwith certain conditions. Accordingly, the petitioner is directed tohttps://hcservices.ecourts.gov.in/hcservices/deposit a sum of Rs.25,000/-(Rupees Twenty Five Thousand only) tothe credit of Cr.No.86 of 2014, before the learned Judicial Magistrate, Devakottai and on such deposit, the petitioner isordered to be released on bail on his executing a bond for a sum ofRs.1,00,000/- (Rupees one Lakh only) with two sureties each for alike sum to the satisfaction of the learned Judicial Magistrate,Devakottai and on further condition that the petitioner shall appearbefore the respondent police daily twice i.e., at 10.30 a.m. and05.30 p.m. until further orders.

sd/-

29/12/2016

/ TRUE COPY /

Sub-Assistant Registrar (C.S.)

Madurai Bench of Madras High Court,

Madurai - 625 023.

TO

1 THE JUDICIAL MAGISTRATE,DEVAKOTTAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI.

3 THE INSPECTOR OF POLICE,THIRUVEGAMPATHUR POLICE STATION, SIVAGANGAI DISTRICT.THIRUVEGAMPATHUR POLICE STATION, SIVAGANGAI DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECTUOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

5 THE SUPERINTENDENT, CENTRAL PRISON, TIRUCHIRAPALLI.

+1. CC to M/S.K.R.BADURUS ZAMAN Advocate SR.No.83673

SJ

CSL/PV/SAR-I/29.12.2016: 2P/7C