Vishwanathan v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Tenth day of January Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD) No.466 of 2019 VISHWANATHAN ... PETITIONER / ACCUSED RANK NOT KNOWN Vs STATE REP. BY THE INSPECTOR OF POLICE, KEERAMANGALAM POLICE STATION, PUDUKKOTTAI DISTRICT.

CRIME NO.147/2018 ... RESPONDENT / COMPLAINANT For Petitioner : MR.A.V.RAJASEKARAN Advocate For Respondent : MR.K.SUYAMBULINGA BHARATHI, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner was arrested and remanded to judicial custody since 26.12.2018 for the offences punishable under Sections 147, 148, 341, 294(b), 285,324,333,435 and 307 of IPC r/w.Section 3(i) of TNPPDL Act in Crime No.147 of 2018, on the file of the respondent police, seek bail.

2. The case of the prosecution is that the petitioner along with others have assaulted the defacto complainant and caused damage to the Government vehicles.

3. The learned counsel for the petitioner would submit that the petitioner has been falsely implicated in this case and he has nothing to do with the alleged offence

4. The learned Government Advocate(Crl.Side) would submit that the petitioner along with others have assaulted the defacto complainant and caused damage to the Government vehicles worth Rs.40,00,000/-

5. Considering the facts and circumstances of the case and also considering the period of incarceration of the petitioner, this Court is inclined to grant bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/

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 each for a like sum to the satisfaction of the learned Judicial Magistrate, Alangudi, Pudukottai District, and on further condition that: [a] The petitioner shall report before the respondent daily at 10.30 a.m for a period of two weeks and thereafter as and when required for interrogation.

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

[c] the petitioner shall not tamper with evidence or witness 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] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 10/01/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, ALANGUDI, PUDUKOTTAI DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MADISTRATE, PUDUKOTTAI DISTRICT.

3 THE INSPECTOR OF POLICE, KEERAMANGALAM POLICE STATION, PUDUKKOTTAI DISTRICT.

4 THE OFFICER INCHARGE, DISTRICT JAIL, PUDUKKOTTAI.

5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.A.V.RAJASEKARAN Advocate SR.No. 563

ORDER

IN CRL OP(MD) No.466 of 2019 Date :10/01/2019 JM/VR/SAR 4/10.01.2019/2P/7C https://hcservices.ecourts.gov.in/hcservices/