Jeya Murugan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/01/2020 PRESENT The Hon'ble Mr.Justice G.R.SWAMINATHAN Jeya Murugan ... Petitioner/Accused No.2 Vs State rep.by The Inspector of Police, Ottapidaram Police Station, Tuticorin District Crime No.155/2019. ... Respondent/Complainant For Petitioner : M/s.S.Senthil Sankaranathakumar, Advocate.
For Respondent : M/s.Anandha Devi, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- for bail in Crime No. 155 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 09.01.2020 for the offences punishable under sections 294(b), 324, 307 of I.P.C., in Crime No.155 of 2019 on the file of the respondent police. He seeks bail.
3. The occurrence took place in the context of the recently concluded local body elections. The petitioner is said to have attacked one Masanasamy with aruval and caused him injuries on the head.
4.The prosecution case rests on eyewitnesses, all of whom appear to have already been examined. The petitioner had also suffered injuries. The petitioner is said to be now taking treatment.
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5. Taking note of these aspects, bail is granted. Since the occurrence has strong political overtones, the petitioner is directed to stay at Tirunelveli for a period of four weeks. The petitioner undertakes not to enter Tuticorin District limits for a period of four weeks. The petitioner shall sign before the Palayamkottai Police Station, daily at 10.30 a.m., for a period of four weeks.
6. 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, Vilathikulam.
(ii) the petitioner shall sign before the Palayamkottai Police Station daily at 10.30 a.m., for a period of four weeks. (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/- 28/01/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, VILATHIKULAM.
2 -DO-THRO-THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT.
3 THE SUPERINTENDENT, CENTRAL JAIL, PALAYAMKOTTAI.
4 THE INSPECTOR OF POLICE OTTAPIDARAM POLICE STATION, TUTICORIN DISTRICT 2/3
5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
Copy To:
THE INSPECTOR OF POLICE PALAYAMKOTTAI POLICE STATION, TIRUNELVELI DISTRICT.
+1 CC to M/s.S.SENTHIL SANKARA NATHA KUMAR, Advocate, SR-1569
ORDER
IN CRL OP(MD) No.1239 of 2020 Date :28/01/2020 rmi ES/VR/SAR 1/28.01.2020/3P/8C 3/3