Shanmugaraj v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Fourth day of January Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD) No.68 of 2019 SHANMUGARAJ ... PETITIONER / ACCUSED Vs THE STATE REP.BY THE INSPECTOR OF POLICE, KAYATHAR POLICE STATION, TUTICORIN DISTRICT.

Crime No.361/2018 ... RESPONDENT / COMPLAINANT For Petitioner : Mr.M.MUTHUKUMAR 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 was arrested and remanded to judicial custody since 09.12.2018 for the offences punishable under Sections 294(b), 307 and 506(ii) of IPC in Crime No.361 of 2018, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner abused the defacto complainant in filthy language and attempted to murder him and also threatened him with dire consequences.

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. He also submitted that no one sustained injury in this case.

4. The learned Additional Public Prosecutor would submit that the there are two cases of similar nature are pending against the petitioner.

5. Considering the facts and circumstances of the case and also considering the period of incarceration of the petitioner and also the fact that no one sustained injury in this case, 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 each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Kovilpatti, 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/- 04/01/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO II, KOVILPATTI.

2.THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN DISTRICT.

3.THE INSPECTOR OF POLICE, KAYATHAR POLICE STATION, TUTICORIN DISTRICT.

4.THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI, TIRUNELVELI.

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

+1. CC to Mr.M.MUTHUKUMAR Advocate SR.No.196

ORDER

IN CRL OP(MD) No.68 of 2019 Date :04/01/2019 TK/VR/SAR-3/04.01.2019/3P/7C