Thiruvadam Sait v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the First day of July Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.12120 of 2015 THIRUVADAM SAIT ... PETITIONER/ACCUSED NO.4 Vs STATE REP.BY THE INSPECTOR OF POLICE TENKARAI POLICE STATION, PERIYAKULAM, THENI DISTRICT, IN CRIME NO.111 OF 2009. ... RESPONDENT/COMPLAINANT For Petitioner : MR.J.SULTHAN BASHA,M/S.AJMAL ASSOCIATES Advocate For Respondent : MR.K.V.RAJARAJAN, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who is arrayed as A4 in Crime No.111 of 2009 on the file of the respondent police, was arrested and remanded to judicial custody on 25.05.2015 in pursuance of non bailable warrant issued in P.R.C.No.28 of 2011 by the learned Judicial Magistrate, Periyakulam for the alleged offences punishable under Sections 147, 148, 332, 336,353 and 506(ii) of I.P.C. r/w Section 3 of TNPPDL Act and hence, seeks bail.

2. The learned counsel for the petitioner submitted that the case was registered on the basis of the complaint given by One Lab Technician against 30 unnamed accused and this petitioner was not aware of the complaint. The respondent police filed charge sheet showing the petitioner is an absconding accused and he was not aware of the proceedings before the learned Magistrate Court. He further submitted that the petitioner has not committed any offence and he is ready and willing to appear before the committal Court as well as the trial Court for all hearing dates; without fail.

3.The learned Government Advocate(Crl.Side) would submit that the respondent police able to execute the non bailable warrant only after four years and the petitioner is deliberately absconding himself from https://hcservices.ecourts.gov.in/hcservices/ the trial Court.

4. Considering the facts and circumstances of the case, this Court to inclined to grant bail to the petitioner. Accordingly, the petitioner is directed to be released on bail on executing 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, Theni and on further condition that the petitioner shall appear before the committal Court as well as the trial Court for all hearing dates, without fail. sd/- 01/07/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, THENI.

2 DO-THRO'THE CHIEF JUDICIAL MAGISTRATE THENI DISTRICT.

3 THE SUPERINTENDENT, CENTRAL PRISON,MADURAI.

4 THE INSPECTOR OF POLICE TENKARAI POLICE STATION, PERIYAKULAM, THENI DISTRICT. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.AJMAL ASSOCIATES Advocate SR.No.35027

ORDER

IN CRL OP(MD) No.12120 of 2015 Date :01/07/2015 PA/SJW/01.07.2015/2P/7C https://hcservices.ecourts.gov.in/hcservices/