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Madras High CourtCRL OP(MD)/2772/2019granted

Ravichandran v. The Inspector Of Police

2019-02-22Honourable Mr Justice M.Dhandapani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Second day of February Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.2772 of 2019 RAVICHANDRAN ... PETITIONER / ACCUSED(RANK NOT KNOWN Vs THE STATE REP.BY THE INSPECTOR OF POLICE, JEEYAPURAM POLICE STATION, TRICHY DISTRICT.

(CRIME NO.164/2010) ... RESPONDENT / COMPLAINANT For Petitioner : Mr.T.LENIN 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 who was arrested on 12.02.2019 in pursuant to the Non-Bailable Warrant issued by the learned III Additional District Judge, Trichy, for the offence under Sections 147, 148, 324, 426, 506(ii), 307 r/w 149 IPC, in Cr.No.164 of 2010, on the file of the respondent police, seeks bail.

2.The petitioner was implicated for the major offence under Section 307. After filing charge sheet, the petitioner did not appeared before the trial Court on one hearing date and hence, NonBailable Warrant was issued as against him and he was secured on 12.02.2019.

3.The learned counsel appearing for the petitioner would submit the hearing date was not informed to the petitioner and that the petitioner is prepared to appear before the Court below till the disposal of the case.

4.The learned Government Advocate(Crl.side) would submit that there is no previous case as against the petitioner. 5.Considering the nature of the case and considering the fact that the petitioner is prepared to appear before the Court below till the disposal of the case, I am inclined to grant bail to the https://hcservices.ecourts.gov.in/hcservices/

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 related surety, each for a like sum to the satisfaction of the learned III Additional District Judge, Trichy 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 learned III Additional District Judge, Trichy till the disposal of the case; (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/- 22/02/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE III ADDITIONAL DISTRICT JUDGE, TRICHY. 2 THE INSPECTOR OF POLICE, JEEYAPURAM POLICE STATION, TRICHY DISTRICT.

3 THE SUPERINTENDENT,CENTRAL PRISON,TRICHY. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to Mr.T.LENIN KUMAR Advocate SR.No.3565 PS/PN/SAR-4/22.02.2019/2P/6C

ORDER

IN CRL OP(MD) No.2772 of 2019 Date :22/02/2019 https://hcservices.ecourts.gov.in/hcservices/