Sugadev v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Eighteenth day of November Two Thousand Fifteen PRESENT The Hon`ble Mr Justice S.VAIDYANATHAN CRL OP(MD) No.21704 of 2015 SUGADEV ... PETITIONER / ACCUSED No.1 Vs THE STATE REP.BY THE INSPECTOR OF POLICE ARUMUGANERI POLICE STATION, THOOTHUKUDI DISTRICT, CR NO.411 OF 2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S V.BHARATHIDASAN Advocate For Respondent : M/S.S.Prabha 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 on 28.10.2015 for the offences punishable under Sections 452, 294(b), 387, 307, 506(ii) I.P.C r/w Section 3 of TNPPDL Act in Crime No.411 of 2015 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 27.10.2015, the petitioner along with other accused criminally trespassed into the brother's house of the defacto complainant, abused him, attacked him and damaged the window glasses of the house and caused damage to the tune of Rs.60,000/-.

3. The learned Government Advocate (Crl.Side) would submit that there was no injury caused by the petitioner.

4. Taking note of the above submission, this Court is inclined to grant bail to the petitioner, with certain conditions.

5. 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, Tiruchendur, and on further condition that: [a] the petitioner shall report before the Judicial Magistrate, Tiruchendur twice a day daily i.e at 10.30 a.m. and 5.00 p.m initially for a period of 30 days 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].

sd/- 18/11/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, TIRUCHENDUR.

2 DO THRO THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4 THE INSPECTOR OF POLICE ARUMUGANERI POLICE STATION, THOOTHUKUDI DISTRICT. 5 THE OFFICER INCHARGE, SUB JAIL, SRIVAIGUNDAM. +1. CC to M/S K.K.Ramakrishnan, Advocate SR.No. TS/18.11.2015/2P-7C/AAL-MPA[

ORDER

IN CRL OP(MD) No.21704 of 2015 Date :18/11/2015 https://hcservices.ecourts.gov.in/hcservices/