Madhavan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Tenth day of February Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.2052 of 2015 MADHAVAN ... PETITIONER/SOLE ACCUSED Vs STATE REP BY ITS THE INSPECTOR OF POLICE BATLAGUNDU POLICE STATION, DINDIGUL DISTRICT, CRIME NO.35/2015 ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.M. SARAVANAN Advocate For Respondent : M/S.A.P.BALASUBRAMANIAN Govt. 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 on 16.01.2015, for the offence punishable under Section 307 of the Indian Penal Code, in Crime No.35 of 2015, on the file of the respondent police, seeks bail.
2. The case of the prosecution is that after Basketball Tournament in Dindigul District, when the de facto complainant came out, there was a quarrel, in which it is alleged that the petitioner attacked the de facto complainant. This petitioner was arrested on 16.01.2015 and the injured has been discharged from the hospital.
3. In such circumstances, this Court is inclined to grant bail to the petitioner. 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, Nilakottai and on further condition that:
[a] the petitioner shall report before the respondent police twice a day daily at 10.30 a.m. and 6.30p.m. for a period of two weeks and thereafter as and when required for interrogation. https://hcservices.ecourts.gov.in/hcservices/
[b] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[c] the petitioner shall not abscond 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]. The Inspector of Police concerned is directed to send compliance report to the office of the learned Additional Public Prosecutor whether the petitioner is complying with the order or not.
sd/- 10/02/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1.THE JUDICIAL MAGISTRATE- NILAKOTTAI 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE DINDIGUL DISTRICT 3.THE SUPERINTENDENT CENTRAL PRISON, MADURAI 4.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT MADURAI 5.THE INSPECTOR OF POLICE BATLAGUNDU POLICE STATION, DINDIGUL DISTRICT +1. CC to M/S.M. SARAVANAN Advocate SR.No.5962 RL/7C - 11/2/2015
ORDER
IN CRL OP(MD) No.2052 of 2015 Date :10/02/2015 https://hcservices.ecourts.gov.in/hcservices/