Ramaiya @ Ramaiyan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/01/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN RAMAIYA @ RAMAIYAN ... PETITIONER/SOLE ACCUSED VS STATE REP. BY THE INSPECTOR OF POLICE, REGUNATHAPURAM POLICE STATION, PUDUKKOTTAI DISTRICT (CRIME NO.67 OF 2019).
... RESPONDENT/COMPLAINANT For Petitioner : M/s.T.Lenin Kumar, Advocate.
For Respondent : Mrs.M.Ananthadevi, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- For Bail in Crime No.67 of 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 24.11.2019, for the offences under Section 294(b), 324 and 307 of I.P.C., in Crime No.67 of 2019, on the file of the respondent police. Hence, he seeks bail.
3. The case of the prosecution is that outraged by the attack with broomstick, the petitioner had inflicted a cut injury on the victim's neck. The victim was in hospital for about 45 days. She has now been discharged.
4. The petitioner's counsel on instructions states that at the time of executing the sureties, a demand draft for a sum of 1/3
Rs.10,000/- will be enclosed towards medical expenditure. The said demand draft will be handed over by the Court below to the victim through the respondent police. Of course, this is without prejudice to the petitioner's defence in the criminal 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 District Munsif Cum Judicial Magistrate, Alangudi, Pudukkottai District.
(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/- 09/01/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, ALANGUDI, PUDUKKOTTAI DISTRICT.
2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDUKOTTAI DISTRICT.
3 THE INSPECTOR OF POLICE REGUNATHAPURAM POLICE STATION, PUDUKKOTTAI DISTRICT.
4 THE OFFICER INCHARGE, DISTRICT JAIL, PUDUKKOTTAI.
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5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.T.LENIN KUMAR, Advocate ( SR-502[I] dated 09/01/2020 )
ORDER
IN CRL OP(MD) No.319 of 2020 Date :09/01/2020 IAS JM/PN/SAR 1/09.01.2020/3P/7C 3/3