Single judge allowed bail to accused persons charged with robbery under Section 399 IPC, subject to conditions including execution of bond, police reporting, and prohibition of tampering with evidence or absconding.
Petitioners are to be released on bail with a bond of Rs.10,000 each with two sureties and other conditions.
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 )
Monday, the First day of August Two Thousand Sixteen
PRESENT
The Hon`ble Ms.Justice V.M.VELUMANI
CRL OP(MD) No.13284 of 2016
1 MAKESH @ MAKESHWARAN
2 RAJA 3 RAKESH 4 BUKARI ... PETITIONERS/ ACCUSED NOS.1 AND 4
Vs
THE STATE REP.BY THE INSPECTOR OF POLICE MUTHIAHPURAM POLICE STATION, TUTICORIN DISTRICT, CRIME NO. 261 OF 2016. ... RESPONDENT / COMPLAINANT
For Petitioner : M/S N.ANANDAKUMAR Advocate
For Respondent : MR.P.KANNITHEVAN Govt. Advocate ( Crl. Side)
PETITION FOR BAIL Under Sec. 439 Cr.P.C.
ORDER : The Court Made the following order :-
The petitioners are arrayed as Accused Nos.1 to 4, who were arrested and remanded to judicial custody on 10.07.2016 for the alleged offence punishable under Section 399 IPC, in Crime No.261 of 2016, on the file of the respondent police and hence, seek bail.
2.The case of the prosecution is that at the time of routine check-up, the petitioners were standing on the road side with wooden logs and on seeing the police, they tried to ran away. The police caught hold them and on enquiry, they confessed that they were planned to rob money from the drivers of the sand lorry. On complaint, case has been registered for the above said offences.
3.The case of the petitioners is that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. The petitioners are in judicial custody from 10.07.2016.
4.The learned Government Advocate (Crl. side) submitted that the petitioners planned to rob money from the drivers of the sand lorry and the investigation is pending.
5.Considering the facts and circumstances of the case and also considering the fact that the petitioners are in judicial custody from https://hcservices.ecourts.gov.in/hcservices/ 10.07.2016, this Court is inclined to enlarge the petitioners on bail with certain conditions. Accordingly, the petitioners are ordered to be released on bail, subject to the following conditions:
6.The Inspector of Police concerned is directed to send a compliance report to the office of the learned Government Advocate, as to whether the petitioners are complying with the conditions or not.
sd/-
01/08/2016
/ TRUE COPY /
Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
PS
TO 1 THE JUDICIAL MAGISTRATE NO.II, TUTICORIN
GJM/AAL/MPA/SAR-III-1.7.16-2P-7C
ORDER
IN
CRL OP(MD) No.13284 of 2016 https://hcservices.ecourts.gov.in/hcservices/ Date :01/08/2016
1 issue framed by the court
Whether the petitioners should be released on bail pending investigation in a robbery case.
Colour shows how this judgement treated each authority
P.K.Shaji vs. State of KeralaExplained¶23
P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560] · Who else cites this
1 provisions across 1 enactments
MAKESH @ MAKESHWARAN
RAJA
RAKESH
BUKARI
THE STATE RE.P THE INSPECTOR OF POLICE MUTHIAHPURAM POLICE STATION
V.M.VELUMANI
As recorded by the court registry
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