The Madurai Bench of the Madras High Court, while hearing a bail petition for an accused in an IPC 393 case, granted bail with conditions given that a co-accused was already released on bail by the Sessions Court.
Petitioner released on bail by executing a bond for Rs. 10,000 with two sureties, on condition of daily appearance for three weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )
Tuesday, the Seventh day of October Two Thousand Fourteen
PRESENT
THE HON`BLE MR JUSTICE G.CHOCKALINGAM
CRL OP(MD) No.17449 of 2014
S.VINOTH ... PETITIONER / ACCUSED NO.2
Vs
STATE OF TAMIL NADU REP.BY THE SUB INSPECTOR OF POLICE, NESAMONY NAGAR POLICE STATION, KANYAKUAMRI DISTRICT. CRIME NO.423/2014 ... RESPONDENT / COMPLAINANT
For Petitioner : M/S.R.RAMACHANDRAN, Advocate
For Respondent : GOVERNMENT ADVOCATE (CRIMINAL SIDE)
PETITION FOR BAIL Under Sec. 439 Cr.P.C.
ORDER : The Court Made the following order :-
The petitioner is the accused No.2 and he was arrested by the respondent police on 02.09.2014 for the alleged offences punishable under Section 393 of IPC, in Crime No.423 of 2014, on the file of the respondent police and hence, seek bail.
2.It is submitted by the learned counsel for the petitioner
that the petitioner is an innocent person and he has not committed any offence and prays for bail in favour of the petitioner. He further submitted that A1 has already been released on bail by the Sessions Court.
https://hcservices.ecourts.gov.in/hcservices/ 3.The learned Government Advocate (Crl.side) submitted that the
investigation is almost over.
4.Considering the facts and circumstances of the case and also considering the fact that the petitioner is in custody from 02.09.2014 and A1 has already been released on bail by the Sessions Court, this Court is inclined to grant bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail on 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, Nagercoil and on further condition that the petitioner shall appear before the concerned Magistrate daily at 10.30 a.m., for a period of three weeks without fail.
Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court,
TO
msm 07.10.2014 p2/7c
1 issue framed by the court
Whether bail should be granted to the accused under Section 439 Cr.P.C. for the offence punishable under Section 393 IPC.
2 provisions across 2 enactments
S. Vinoth
State of Tamil Nadu
G. Chockalingam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
