Alagarsamy v. The Insepector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Thirtieth day of October Two Thousand Fifteen PRESENT THE HON`BLE MR JUSTICE K.KALYANASUNDARAM CRL OP(MD) No.20814 of 2015 ALAGARSAMY .. PETITIONER / ACCUSED NO.9 Vs THE INSEPECTOR OF POLICE RAJAPALAYAM NORTH POLICE STATION, VIRUDHUNAGAR DISTRICT, CRIME NO.424/2014 ... RESPONDENT / COMPLAINANT For Petitioner : M/S S.MAYAPERUMAL Advocate For Respondent : M/S.S.PRABHA Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who is A9 in Crime No.424 of 2014 for the offences punishable under Sections 147, 148, 341, 294(b), 506(i), 302 and 120(b) IPC @ 147, 148, 341, 294(b), 302, 506(ii) IPC r/w 34 of IPC on the file of the respondent Police, was arrested and remanded to judicial custody on 16.07.2015. He seeks bail. 2.The case of the prosecution is that the petitioner was implicated as one of the accused in this case for the commission of murder.

3.It is submitted by the learned counsel for the petitioner that the petitioner was already implicated as accused in two criminal cases and when he was enlarged on bail in Crl.O.P.(MD) No.19663 of 2014 on 31.10.2014. The petitioner was arrested on 24.04.2015 in connection with some other case, so he could not appear before the learned Judicial Magistrate on 09.06.2015. Therefore, the learned Judicial Magistrate has issued non bailable warrant against the petitioner.

4.The learned counsel for the petitioner further submitted that the petitioner was produced on P.T. warrent on 16.07.2015 and he was granted bail in Crime Nos.212 and 216 of 2015. It is further submitted that the petitioner could not appear in this case on 09.06.2015 due to the reason that he was remanded in other cases and it was not deliberate act of the accused. It is further submitted that the petitioner undertakes to appear before the Sessions Court regularly without fail.

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5.The learned Government Advocate (Crl.side) appearing for the respondent Police opposed the bail petition stating that it is a case of jumped out bail and the petitioner is also having two other cases.

6.Considering the facts and circumstances of the case, this Court is inclined to grant bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail on 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, Rajapalayam, and on further condition that the petitioner shall appear before the learned Principal Sessions Judge, Srivilliputhur in S.C.No.156 of 2015 for all the future hearing without fail. sd/- 30/10/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAIGTRATE,RAJAPALAYAM

2. THE CHIEF JUDICIAL MAGISTRATE,VIRUDHUNAGAR AT SRIVILLIPUTHUR

3. THE INSEPECTOR OF POLICE,RAJAPALAYAM NORTH POLICE STATION, VIRUDHUNAGAR DISTRICT, 4 THE PRINCIPAL SESSIONS JUDGE, SRIVILLIPUTHUR 5 THE SUPERINTENDENT,CENTRAL PRISION, MADURAI. 6 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1CC to MR.S.MAYAPERUMAL ADVOCATE SR.NO.63752

ORDER

IN CRL OP(MD) No.20814 of 2015 Date :30/10/2015 GJM/KBM/SARII-2.11.2015-2P-7C https://hcservices.ecourts.gov.in/hcservices/