BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the First day of November Two Thousand Eleven PRESENT The Hon`ble Mr.Justice S.NAGAMUTHU CRL OP(MD) No.14186 of 2011 OCHU ... PETITIONER/ACCUSED Vs STATE THROUGH THE SUB-INSPECTOR OF POLICE TALLAKULAM POLICE STATION, MADURAI DISTRICT. CRIME NO.1798 OF 2011 ... RESPONDENT/COMPLAINANT For Petitioner : M/S. K.ABIYA Advocate For Respondent : Mr.K.S.DURAI PANDIAN, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C. ORDER : The Court Made the following order :- The petitioner is the sole accused in Crime No.1798 of 2011 for offences under Sections 341, 392, 397 and 506(ii) IPC. The alleged occurrence was on 25.09.2011, he was arrested on 27.09.2011. He has come forward with this Petition seeking bail. 2.According to the case of the prosecution, the petitioner by brandishing knife against the de-facto complainant, decamped a sum of Rs.200/-. On the complaint of the de-facto complainant, the present case has been registered. Though the petitioner was arrested later, the amount could not be recovered from him. 3.It is submitted by the learned Additional Public Prosecutor that apart from the present case, there are five other cases to the credit of the petitioner which are similar in nature. Therefore, according to him, the petitioner is a habitual offender and if bail is granted, he will indulge in similar activities in future also. 4.The learned counsel for the petitioner would submit that the petitioner has been in jail for the past 32 days. He would further submit that he is a heart patient. He would also submit that all the other cases are falsely put up against him, therefore, he seeks bail. https://hcservices.ecourts.gov.in/hcservices/ 5.I have considered the above submissions. 6.As rightly pointed by the learned counsel for the petitioner, the petitioner has been in jail for the past 32 days. Besides the fact that no amount was recovered from the petitioner, therefore, there is every likelihood of falsely implicating is very obvious, since he has got 5 previous case. 7.Having regard to the facts and circumstances of the case, I am of the view that at this stage by granting bail to the petitioner, the prosecution will not be hampered with in any manner. Therefore, I am inclined to grant bail to the petitinoer, but with stringent conditions. 8.In the result, this petition is ordered and bail is gratned to the petitioner on the following conditions:- (i) The Petitioner shall be enlarged 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.II, Madurai; and (ii) the Petitioner shall report before the respondent police, everyday at 10.30 a.m. for a period of eight weeks. sd/- 01/11/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1.THE JUDICIAL MAGISTRATE NO.II, MADURAI 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE MADURAI DISTRICT 3.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4.THE SUB-INSPECTOR OF POLICE TALLAKULAM POLICE STATION, MADURAI DISTRICT 5.THE SUPERINTENDENT, CENTRAL PRISON, MADURAI +1. CC to M/S. K.ABIYA Advocate SR.No.37464 rl/7c – 2.11.2011 ORDER IN CRL OP(MD) No.14186 of 2011 Date :01/11/2011 https://hcservices.ecourts.gov.in/hcservices/