1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Thirtieth day of November Two Thousand Eleven PRESENT The Hon`ble Mr.Justice V.PERIYA KARUPPIAH CRL OP(MD) No.15343 of 2011 SUDHAKAR ... PETITIONER/ACCUSED Vs STATE REP.BY THE SUB INSPECTOR OF POLICE VADIPATTI POLICE STATION, MADURAI DISTRICT IN CR.NO. 417 OF 2011 ... RESPONDENT/COMPLAINANT For Petitioner : M/S. P.SENGUTTUARASAN Advocate For Respondent : MR. K.S.DURAI PANDIAN, Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C. ORDER : The Court Made the following order :- The petitioner is an accused in Crime No.417 of 2011 on the file of the respondent police, for offence under Sections 457 and 380 of I.P.C The petitioner was arrested and remanded to judicial custody on 07.11.2011. He has come forward with this petition seeking bail. 2. Heard Mr.P.Senguttuarasan, learned counsel for the petitioner and Mr.K.S.Duraipandian, learned Additional Public Prosecutor for the State. 3. The learned counsel appearing for the petitioner would submit in his argument that the petitioner has been in judicial custody from 07.11.2011 and recovery from other accused have already been over and he will not abscond from the clutches of law and therefore, he may be released on bail. 4. The learned Additional Public Prosecutor would submit in his argument that the petitioner along with other accused said to have broke open the premises of a Voluntary Organization at Vadipatti and took away some silver articles. The allegation against the petitioner is that he watched for the said crime committed by the other accused. He would further submit that the petitioner is having one another case of similar nature in Crime No.426 of 2011. He would further submit in his argument that if for any reason, this Court is inclined to grant bail to the petitioner, there is likelihood of committing similar offence by this petitioner and therefore, he requests for dismissal of this petition. https://hcservices.ecourts.gov.in/hcservices/ 2 5. Considering the submissions made on either side, this Court could see that recovery has been made from other accused and the petitioner is said to have participated in the alleged crime by watching outside the premises and he has been in judicial custody from 07.11.2011. The learned counsel appearing for the petitioner would assure that the petitioner would not involve in any other crime, if bail is granted to him. Considering the submissions and also considering the facts and circumstances of the case and also considering the fact that specific allegations are only accused A- 1 and A-2, this Court is inclined to grant bail to the petitioner, but with stringent conditions. 6. In the result, this petition is ordered and bail is granted 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 likesum to the satisfaction of the learned Judicial Magistrate, Vadipatti; and (ii) the Petitioner shall report before the respondent police, daily twice i.e., morning at 10.30 a.m and evening at 5.30 p.m., until further orders. sd/- 30/11/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1 THE JUDICIAL MAGISTRATE, VADIPATTI 2 THE CHIEF JUDICIAL MAGISTRATE, MADURAI 3 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI 4 THE SUB INSEPCTOR OF POLICE, VADIPATTI POLICE STATION, MADURAI DISTRICT 5 THE PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S. P.SENGUTTUARASAN Advocate SR.No.42149 ORDER IN CRL OP(MD) No.15343 of 2011 Date :30/11/2011 TR : 01.12.2011: 2p/7c https://hcservices.ecourts.gov.in/hcservices/