Prem@Prem Kumar 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.606 of 2019 PREM @ PREM KUMAR ... PETITIONER / ACCUSED NO.2 Vs STATE REP.BY THE INSPECTOR OF POLICE, TALLAKULAM POLICE STATION, MADURAI CITY.

CRIME NO.987/2018 ... RESPONDENT / COMPLAINANT For Petitioner : Mr.S.PAKALAVAN, 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 is in judicial custody since 03.01.2019 for the offence punishable under Section 3 of TNPPDL Act, in Crime No.987 of 2018, on the file of the respondent police. He seeks bail. 2.The case of the prosecution is that when the defacto complainant is driving the bus bearing registration No.TN 58 N 1723, the petitioner along with other accused persons felted stones on the front side glass of the bus and cause damages of worth about Rs.10,000/-.

3.The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case.

4.The learned Government Advocate (Crl.Side) for the respondent would submit that the petitioner is having six previous cases and oppose to grant bail to the petitioner.

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 No.II, Madurai, and on further condition that:

[a] the petitioner shall report before the respondent police daily at 10.30 am 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 NO.II, MADURAI.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3. THE SUPERINTENDENT,CENTRAL PRISON, MADURAI.

4. THE INSPECTOR OF POLICE, TALLAKULAM POLICE STATION, MADURAI CITY.

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

+1. CC to Mr.S.PAKALAVAN Advocate SR.No.663

ORDER

IN CRL OP(MD) No.606 of 2019 Date :10/01/2019 MS/VR/SAR-4/10.01.2019/2P.7C https://hcservices.ecourts.gov.in/hcservices/