Selvam @ Selvaraj, M/35, v. State Rep.By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Tuesday, the Sixth day of June Two Thousand Seventeen PRESENT The Hon`ble Mr Justice S. VAIDYANATHAN CRIMINAL ORIGINAL PETITION No.9789 of 2017 SELVAM @ SELVARAJ, [ PETITIONER / ACCUSED ] Vs STATE REP.BY [ RESPONDENT ] INSPECTOR OF POLICE, TIRUPPUR RURAL POLICE STAION, TIRUPPUR DIST.
CR.NO.538 OF 2008.
For Petitioner : M/S.V.SASIKUMAR Advocate For Respondent : MR. RAJARATHINAM, PUBLIC PROSECUTOR PETITION FOR BAIL 439 Cr.P.C.
ORDER : The Court Made the following order :- The petitioner, who was arrested and remanded to judicial custody on 30.11.2015 for the alleged offences punishable under Sections 364, 302, 379 read with 120-B and 201 IPC in Crime No.538 of 2008 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the petitioner/A1 was facing charges in P.R.C.No.20 of 2009 and as he did not appear before the trial Court, he was issued with P.T. warrant by the respondentPolice.
3. Heard the learned counsel for the petitioner and the learned Public Prosecutor appearing for the respondent.
4. The two earlier bail petitions of the petitioner were dismissed on 26.07.2016 in Crl.O.P.No.12028 of 2016 and 28.09.2016 in Crl.O.P.No.20886 of 2016.
5. Taking note of the fact that the petitioner is in custody for more than one and a half year and that as he has undertaken to appear before the trial Court for all hearings, and that as the matter is pending now before the trial Court in S.C.No.179 of 2016 and that the learned Public Prosecutor submitted that there are other accused persons, i.e. A4 to A6 and A8 with regard to the same crime before the trial Court in S.C.No.33 of 2017 (for A7) and in S.C.No.179 of 2016 (for A1, A4 to A6 and A8) before the Additional District Court No.2,
Tirupur and that A3 is no more and that all the matters are going to clubbed together for trial, after the committal by the learned Judicial Magistrate No.4, Tirupur in P.R.C.No.4 of 2017, this Court is inclined to grant bail to the petitioner.
6. Accordingly, the petitioner is ordered to be released on bail, subject to the following conditions:
(i) the petitioner shall execute 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.2, Tirupur; (ii) the petitioner is directed to appear before the trial Court on all hearing dates;
(iii) the petitioner shall not tamper with the evidence or witness either during investigation or trial; (iv) the petitioner shall not abscond either during investigation or trial;
(v) the petitioner shall surrender his passport, if any, before the trial Court;
(vi) the petitioner shall not leave Tamil Nadu without the prior permission of the trial Court;
(vii) the petitioner shall give his mobile number to the trial Court and it shall be always kept in on position always by him so as to enable the Police to track him if required; (viii) on breach of any of the aforesaid conditions, the 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 Magistrate/Trial Court himself as laid down by the Supreme Court in the case of P.K.Shaji vs. State of Kerala (AIR 2005 SCW 5560). -sd/- 06/06/2017 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.
TO 1 THE JUDICIAL MAGISTRATE, NO.II, TIRUPPUR.
2 THE CHIEF JUDICIAL MAGISTRATE TIRUPPUR. [FOR INFORMATION] 3 THE SUPERINTENDENT, CENTRAL PRISON, COIMBATORE.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
5 THE INSPECTOR OF POLICE, TIRUPPUR RURAL POLICE STAION, TIRUPPUR DIST.
CC to M/S.V.SASIKUMAR Advocate on payment of necessary charges CRL OP.9789/2017 Date :06/06/2017 ths : 07.06.2017