Sathiyaraj @ Sakthi v. The Inspector of Police

CRL OP(MD). No.5394 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/03/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD). No.5394 of 2023 Sathiyaraj @ Sakthi ... Petitioner/Accused No.9

Vs The Inspector of Police, Vedasandur Police Station, Dindigul District. Crime No. 367 of 2022. ... Respondent/Complainant For Petitioner : M/s.Vinothkumar B, Advocate. For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C. PRAYER :-For Bail in Crime No. 367 of 2022 on the file of the respondent police. ORDER : The Court made the following order :-

The petitioner/A9 who was arrested and remanded to judicial custody on 09.01.2023 for the offence punishable under Sections 109,120(b),395,397,457 of IPC in Crime No.367 of 2022 on the file of the respondent police, seek bail.

¶2The case of the prosecution is that on 25.12.2022 at about

8.15 pm., while the defacto complainant along with his 16 years old daughter and 11 years old son were inside the house, five unknown persons who had masked their faces with monkey cap holded crowbar and knife on their hands , tied the defacto complainant and her family members with rope and robbed a sum of Rs.18,50,000/-, 8 sovereigns of gold thali chain, three sovereigns and 7 sovereigns of gold chain, 10 gold bangles weigh about 23 sovereigns, ½ sovereign weighed stud one pair, two golden rings total weight 2 sovereigns and three cell phones and fled away from the scene of occurrence. Hence the case. CRL OP(MD). No.5394 of 2023

¶3Heard both sides and perused the materials available on record including the First Information Report.

¶4Taking into consideration the facts and submissions made by the learned counsels and also the fact that some of the co-accused persons have been granted bail by this Court and also the period of incarceration this court is inclined to grant bail to the petitioner , subject to the following conditions: [a] Accordingly, the petitioner is ordered to be released on bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two blood related sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Vedasanthur and on further conditions that: [b] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity. [c] the petitioner shall stay at Dharmapuri and report before the Dharmapurai Police station daily at 10.30 am., and 5.30 pm., for a period of four weeks and thereafter before the respondent police daily at 10.30 am., until further orders. [d] the petitioner shall not commit any offences of similar nature.

[e] the petitioner shall not abscond either during investigation or trial. [f] the petitioner shall not tamper with evidence or witness either during investigation or trial. [g] On breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. [h] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC. sd/- 23/03/2023 / TRUE COPY / 23/03/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. AAV CRLeOP(MD).eNo.5394eofe2023 TO

1.THE JUDICIAL MAGISTRATE, VEDASANTHUR. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL.

3.THE SUPERINTENDENT, CENTRAL PRISON, MADURAI. 4 THE INSPECTOR OF POLICE, VEDASANDUR POLICE STATION, DINDIGUL DISTRICT. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. COPY TO THE INSPECTOR OF POLICE, DHARMAPURAI POLICE STATION. +1 CC to M/s.B.VINOTH KUMAR, Advocate ( SR-4764[I] dated 23/03/2023 ) ORDER IN CRL OP(MD) No.5394 of 2023 Date :23/03/2023 RK/MMS/SAR-(23/03/2023) 3P/8C