Madras High CourtCRL OP(MD)/2420/2018ordered

Ramesh v. The Inspector Of Police

2018-02-15Honourable Mr Justice R. Pongiappan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fifteenth day of February Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice R.PONGIAPPAN CRL OP(MD) No.2420 of 2018 RAMESH ... PETITIONER / ACCUSED NO.3 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE SRIVAIKUNDAM POLICE STATION, THOOTHUKUDI DISTRICT (CRIME NO.24/2018) ... RESPONDENT / COMPLAINANT For Petitioner :M/S.K.P.NARAYANA KUMAR Advocate For Respondent :MR.K.SUYAMBULINGA BHARATHI Govt. Advocate (Crl.Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner/Accused No.3, who was arrested and remanded to judicial custody on 28.01.2018 for the alleged offences punishable under Sections 294(b), 387, 307 and 506(ii) of IPC., in Crime No.24 of 2018, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 28.01.2018, the petitioner along with other accused abused the defacto complainant by using filthy language and demanded money from him. Thereafter, they picked Rs.1,000/- from his bag and attempted to murder him. Hence, the case has been registered against the petitioner and other accused for the above said crime.

3. The learned counsel representing the petitioner submitted that the petitioner is an innocent person, he has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. Hence, he prays for grant of bail to the petitioner.

4. The learned Government Advocate (Criminal side) appearing for the respondent on instructions, would submit that nobody was injured during the time of occurrence. According to the prosecution, the investigation is in progress.

5. The submissions made by the learned counsels appearing for either side are considered. It is alleged during the time of occurrence, the petitioner/A3 along with two other accused assaulted https://hcservices.ecourts.gov.in/hcservices/

the defacto complainant with the intention to kill him. Further, he picked Rs.1000/- from the bag of the defacto complainant. Now, the petitioner is in judicial custody from 28.01.2018. The learned Government Advocate (Criminal side) fairly conceded that during the time of occurrence, nobody was injured. So, considering the fact that there was no injury on the part of the defacto complainant and a portion of the amount was recovered, this Court is inclined to grant bail to the petitioner. 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.25,000/- (Rupees twenty five thousand only), with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Srivaikundam;

(ii) the petitioner shall report before the respondent police, daily at 10.00 a.m., until further orders; (iii) the petitioner shall not tamper with evidence or witness either during investigation or trial; (iv) the petitioner shall not commit any offence while on bail;

(v) the petitioner shall not abscond either during investigation or trial;

(vi) on breach of any of the aforesaid conditions, the bail granted to the petitioner shall stand automatically cancelled and 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 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/- 15/02/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, SRIVAIKUNDAM.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT. 3 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI. 4 THE INSPECTOR OF POLICE SRIVAIKUNDAM POLICE STATION, THOOTHUKUDI DISTRICT. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.K.P.NARAYANA KUMAR Advocate SR.No.2534 ORDER IN CRL OP(MD) No.2420 of 2018 Date :15/02/2018 MKV-PM-PN-SAR 1/15.2.2018/2P-7C https://hcservices.ecourts.gov.in/hcservices/