Gnanasundar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fifth day of February Two Thousand Fifteen PRESENT The Hon`ble Mr.Justice P.N.PRAKASH CRL OP(MD) No.1596 of 2015 GNANASUNDAR ... PETITIONER/ACCUSED No.4 Vs STATE.REP.BY THE INSPECTOR OF POLICE ALANGULAM POLICE STATION, TIRUNELVELI DT, CRIME NO.658/2014 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.C.CHRISTOPHER Advocate For Respondent : MR.A.P.BALASUBRAMANI, 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 was arrested and remanded to judicial custody on 10.12.2014 for the offences punishable under Sections 147, 148, 120(b), 302, 506(ii) r/w 34 IPC in Crime No.658 of 2014 on the file of the respondent police, seek bail.

2. It is the case of prosecution that on 09.12.2014, this petitioner along with other accused had attacked the deceased, who is the sister-in-law of A1, on account of property dispute. This petitioner has been arrayed as A4 and was arrested on 10.12.2014. It is seen that the co-accused in this case have been granted bail by this Court as well the Sessions Court. Since the investigation has been completed and there is no previous case against this petitioner, I am inclined to grant bail to this petitioner.

3. 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, each for a like sum to the satisfaction of the learned Judicial Magistrate, Tenkasi, and on further condition that: [a] the petitioner shall report before the respondent police twice a day daily at 10.30 a.m. and 6.30p.m. for a period of four weeks and https://hcservices.ecourts.gov.in/hcservices/ thereafter as and when required for interrogation.

[b] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[c] the petitioner shall not abscond either during investigation or trial.

[d] 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]. [e] The Inspector of Police concerned is directed to send a compliance report to the office of the learned Government Advocate, as to whether these petitioner is complying with the condition or not. sd/- 05/02/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, TENKASI.

2 DO-THRO' THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI.

3 THE SUPERINTENDENT, CENTRAL PRISON,PALAYAMKOTTAI.

4 THE INSPECTOR OF POLICE ALANGULAM POLICE STATION, TIRUNELVELI DT, THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.C.CHRISTOPHER Advocate SR.No.5395

ORDER

IN CRL OP(MD) No.1596 of 2015 Date :05/02/2015 PA/06.02.15/2P/7C https://hcservices.ecourts.gov.in/hcservices/