M.Gokul v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Saturday, the Twenty Seventh day of April Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.6274 of 2019 M.GOKUL ... PETITIONER / ACCUSED NO.2 Vs STATE REP.BY THE INSPECTOR OF POLICE MELUR POLICE STATION, MADURAI DISTRICT.
IN CRIME NO.136/2019 ... RESPONDENT / COMPLAINANT For Petitioner : Mr.NIRANJAN.S.KUMAR, 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, who was arrested and remanded to judicial custody since 06.03.2019 for the offences punishable under Sections 279, 304(A) of IPC @ 364,397 and 302 of IPC and 201 of IPC of Crime No. 136of 2019, on the file of the respondent police, seeks bail.
2. The case of the prosecution is that due to some money dispute the petitioner along with other had taken the deceased to the isolated place and committed the murder. Hence the complainant..
3.The learned for the petitioner would submit that the petitioner would submit that the petitioner did not commit any offence as alleged by the prosecution and he is innocent. He would also submit that co- accused in this case was granted anticipatory bail by the lower court.
4.The learned Additional Public Prosecutor would submit that there is no previous case pending against the petitioner and investigation is almost completed.
https://hcservices.ecourts.gov.in/hcservices/ 5.Considering the facts and circumstances of the case and considering the period of incarceration and also considering the
fact that there is no case pending against the petitioner , this Court is inclined to grant bail to the 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 Judicial Magistrate , Melur, Madurai on further condition that:
(a) the sureties shall affix their photographs and left thumb impression in the surety bond and the concerned Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.
(b) the petitioner shall report before the respondent police daily at 10.30 a.m until further orders;
(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/- 27/04/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
1. THE JUDICIAL MAGISTRATE, MELUR, MADURAI DISTRICT.
2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADRUAI DISTRICT.
3. THE SUPERINTENDENT,CENTRAL PRISON, MADURAI.
4. THE INSPECTOR OF POLICE MELUR POLICE STATION, MADURAI DISTRICT.
5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to MR.NIRANJAN.S.KUMAR Advocate SR.No.7544
ORDER
IN CRL OP(MD) No.6274 of 2019 Date :27/04/2019 MS/PN/SAR-4/27.04.2019/2P.7C https://hcservices.ecourts.gov.in/hcservices/