PUNAEKKAR SEETHARAMAN DIKULE Vs. STATE

JUDGEMENT

(1.) This criminal original petition has been filed seeking to set aside the order passed by the Judicial Magistrate No.1, Thanjavur, in Cr.M.P No.2961 of 2022, dtd. 10/02/2023.

(2.) The facts in brief:- The petitioner is arrayed as an accused in Crime No.705 of 2022. The offence alleged against him is that he has stolen 6 kgs of gold and cash Rs.14,92,000.00 from the de-facto complainant. He was arrested and remanded to custody. Since final report was not filed within the time stipulated, he moved application under Sec. 167(2) of the Criminal Procedure Code, on 30/11/2022 for granting statutory bail.

(3.) That was allowed by the trial court, by order, dtd. 01/12/2022. On the date of presentation of the petition, namely 30/11/2022, the respondent filed final report on the same day itself. Finding that statutory bail cannot be refused to the petitioner, since the period expired, he was granted bail with certain conditions, which reads as follows:-