P. Sevalan @ Murugesan v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty First day of February Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.1995 of 2019 P. SEVALAN @ MURUGESAN ... PETITIONER /SOLE ACCUSED Vs THE STATE REP. BY, INSPECTOR OF POLICE, KULITHALAI POLICE STATION, KARUR DISTRICT, CRIME NO.607 of 2018 ... RESPONDENT / COMPLAINANT For Petitioner : MR.K.PRAVEENKUMAR 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 who was arrested for the offence under Sections 294, 307, 506(ii) IPC in Cr.No.607 of 2018, on the file of the respondent police, seeks bail.

2.It is the case of the prosecution that due to civil dispute the petitioner attacked the defacto complainant with aruval. Hence, the complaint.

3.The learned counsel appearing for the petitioner would submit the petitioner did not commit any offence as alleged by the prosecution and he is an innocent person.

4.The learned Government Advocate(Crl.side) would submit that the injured person has already been discharged from the hospital and that investigation is pending.

5.Considering the nature of the case and considering the fact that injured person has already been discharged from the hospital, I am inclined to grant bail to the petitioner.

6.Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties, of whom, one should be a blood https://hcservices.ecourts.gov.in/hcservices/

related surety, each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Kulithalai and on further condition that:

(a)the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; (b)the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders;

(c)the petitioner shall not tamper with evidence or witness either during investigation or trial;

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

(e)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]; and; (f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 21/02/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO II KULITHALAI, KARUR DISTRICT 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE KARUR DISTRICT 3 THE INSPECTOR OF POLICE, KULITHALAI POLICE STATION, KARUR DISTRICT, 4 THE SUPERINTENDENT CENTRAL PRISON, TRICHY 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to MR.K.PRAVEENKUMAR Advocate SR.No.3528

ORDER

IN CRL OP(MD) No.1995 of 2019 Date :21/02/2019 MSI/PN/SAR-III/21.02.2019-2P/7C https://hcservices.ecourts.gov.in/hcservices/