C.Ebin v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fifteenth day of September Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.17846 of 2015 C.EBIN ... PETITIONER / ACCUSED NO.3 Vs THE STATE REP.BY THE INSPECTOR OF POLICE RAILWAY POLICE STATION, NAGERCOIL,KANYAKUMARI DISTRICT.

(CRIME NO. 116 OF 2015) ... RESPONDENT / COMPLAINANT For Petitioner : M/S T.LAJAPATHI ROY Advocate For Respondent : M/S.S.PRABHA, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who is the 3rd accused in Crime No.116 of 2015 for the offences punishable under Section 150(i)(a) of Indian Railways Act on the file of the respondent Police, was arrested and remanded to judicial custody on 09.07.2015. He seeks bail. 2.According to the prosecution, on 08.07.2015, the petitioner along with the other accused had kept stones on the railway track and the same was informed by the Driver of Guruvayoor Express Train. 3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case, based on the confession of the co-accused and it is further submitted that he has been in jail for more than 60 days and major part of the investigation is over.

4.The learned Government Advocate (Crl.side) appearing for the respondent Police submitted that the investigation is at prime stage and two accused have not yet been secured by the respondent Police. It is further submitted that the petitioner had no bad antecedent. 5.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) appearing for the respondent. 6.Considering the facts and circumstances, this Court is inclined to grant bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail on https://hcservices.ecourts.gov.in/hcservices/

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 No.I, Nagercoil, and on further condition that the petitioner shall appear before the respondent police daily twice at 10.00 a.m. and 5.00 pm, until further orders. sd/- 15/09/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I NAGERCOIL.

2 THE CHIEF JUDICIAL MAGISTRATE KANYAKUMARI AT NAGARCOIL.

3 THE ADDL. PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE INSPECTOR OF POLICE RAILWAY POLICE STATION, NAGERCOIL, KANYAKUMARI DISTRICT.

5 THE OFFICER INCHARGE, SUB JAIL NAGERCOIL.

+1. CC to M/S T.LAJAPATHI ROY Advocate SR.No.54368

ORDER

IN CRL OP(MD) No.17846 of 2015 Date :15/09/2015 RG.15.09.2015/MPA/SAR-II 2P/7C.

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