Ramesh Seenivasan v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Third day of April Two Thousand and Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.5044 of 2018 RAMESH SEENIVASAN ... PETITIONER / SOLE ACCUSED Vs THE STATE REP. BY THE SUB INSPECTOR OF POLICE PERUMAL PURAM POLICE STATION, TIRUNELVELI.

CITY, IN CR.NO. 69/2018.

... RESPONDENT / COMPLAINANT For Petitioner : M/S.R.VINOTH BHARATHI Advocate For Respondent : PRABU RAMACHANDRAN, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner is arrayed as sole accused. He was arrested and remanded to judicial custody on 04.03.2018. The case against him is for the offences punishable under Sections 341, 294(b), 387, 307 and 506(ii) IPC, in Crime No.69 of 2018, on the file of the respondent police. He seeks bail.

2.The case of the prosecution is that on 04.03.2018, the petitioner waylaid the de-facto complainant viz., Jesuraj and demanded Rs.1,000/- from him for the purpose of consuming liquor and the same was refused by him, the petitioner attempted to attack him with aruval. On complaint, the case has been registered for the above said offences.

3.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and the de-facto complainant was not at all injured and prays for bail in favour of the petitioner.

4.The learned Government Advocate (Criminal side) opposed grant of bail to the petitioner on the ground that he is having five previous cases to his credit.

5.Even though the learned Government Advocate (Criminal side) opposes for grant of bail to the petitioner, taking note of the nature of allegations levelled against this petitioner, this Court is 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, Tirunelveli.

(ii)The petitioner shall appear before the respondent police daily at 10.00 a.m. until further orders.

(iii) The petitioner shall not abscond.

(iv)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/- 03/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I, TIRUNELVELI.

2 THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI.

4 THE SUB INSPECTOR OF POLICE, PERUMAL PURAM POLICE STATION, TIRUNELVELI CITY.

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

+1. CC to M/S.R.VINOTH BHARATHI Advocate SR.No.5249.

ORDER

IN CRL OP(MD) No.5044 of 2018 Date :03/04/2018 SDS/CM:VR/SAR.1/03.04.2018/3P/7C