Anilkumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/01/2020 PRESENT The Hon'ble Mr.Justice G.R.SWAMINATHAN ANILKUMAR ... PETITIONER/SOLE ACCUSED VS STATE REP. BY THE INSPECTOR OF POLICE, KALIYAKKAVILAI P.S., KANYAKUMARI DISTRICT.

(CRIME NO.281/2019).

... RESPONDENT/COMPLAINANT For Petitioner : M/s. S. Regu, Advocate.

For Respondent : Ms.M.Ananthadevi, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No. 281/2019 on the file of the Respondent Police.

ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioner is in custody since 10.12.2019 for the offences punishable under sections 279, 337, 308 of I.P.C., in Crime No.281 of 2019 on the file of the respondent police. He seeks bail.

3. The case of the prosecution is that under the influence of alcohol, the petitioner drove the vehicle in question causing the accident.

4.The petitioner's counsel states that the vehicle is having valid insurance and that the claimant will not have any difficulty 1/3

in getting the compensation. He also comes forward to take a demand draft for a sum of Rs.10,000/- and enclose the same along with the surrender petition. The same will be handed over by the Court below through the respondent police. Of-course, this will be without prejudice to the petitioner's defence in the trial.

5. Subject to this condition, I am inclined to enlarge the petitioner on bail with certain conditions. 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.I, Kuzhithurai.

(ii) the petitioner is directed to appear before the respondent police as and when required for the interrogation. (iii) on breach of any of the aforesaid conditions, the learned 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]. sd/- 07/01/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I, KUZHITHURAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KANNIYAKUMARI AT NAGERCOIL.

3 THE INSPECTOR OF POLICE KALIYAKKAVILAI POLICE STATION, KANYAKUMARI DISTRICT.

4 THE OFFICER INCHARGE, SUB JAIL, KUZHITHURAI.

5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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+1 CC to M/s.S.REGU, Advocate ( SR-241[I] dated 07/01/2020 )

ORDER

IN CRL OP(MD) No.33 of 2020 Date :07/01/2020 RMI JM/PN/SAR 4/07.01.2020/3P/7C 3/3