Isaivendhan, v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/07/2019 PRESENT The Hon`ble Mr.Justice P.RAJAMANICKAM CRL OP(MD). No.9379 of 2019 Isaivendhan ... Petitioner/Accused Rank Not Known Vs State Rep.by The Inspector of Police, Town Police Station, Pudukkottai, Pudukkotai District.

Crime No.403 of 2016. ... Respondent/Complainant For Petitioner : M/s.K.G.Arun Kumar, Advocate.

For Respondent : Mr.V.Neelakandan, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.403 of 2016 on the file of the respondent Police.

ORDER : The Court Made the following order :- This petition has been filed by the petitioner/ accused seeking bail for the alleged offence under Sections 294(b), 147,148,341,302 IPC

2. Heard both sides

3. The petitioner was absent during the trial in P.R.C No. 32 of 2017, pending on the file of the file of the learned Judicial Magistrate No.I, Pudukottai. Thereby, Non Bailable Warrant came to be issued on 24.02.2019. Pursuant to the same, the petitioner was arrested and remanded to judicial custody on 12.05.2019. 4.The learned counsel for the petitioner would submit that the petitioner is an innocent. The petitioner was not able to appear

before the trial court on 24.02.2019. The learned counsel undertakes that the petitioner shall appear before the court below regularly on all future hearing dates without fail. Hence, he prays for grant of bail to the petitioner.

5.Heard the learned Additional Public Prosecutor appearing for the State.

6.Taking into consideration all the allegations made against the petitioner and also taking into consideration the period of incarceration , this Court inclined to grant bail to the petitioner by imposing conditions.

[a] 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 Judicial Magistrate No.I, Pudukottai.

[b] the petitioner shall report before the Respondent Police, daily at 10.30.A.M for a period of One Month and thereafter, as and when required for the interrogation.

[c] the petitioner shall not abscond either during investigation or trial.

[d] the petitioner shall not tamper with evidence or witness 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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 03/07/2019 / TRUE COPY / Sub-Assistant Registrar (C.S-II) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.The Judicial Magistrate No I, Pudukottai.

2.Do-Through The Chief Judicial Magistrate, Pudukottai District.

3.The Inspector of Police, Town Police Station, Pudukkottai, Pudukkotai District.

4.The Officer Incharge, District Jail, Pudukkottai.

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.K.G.ARUN KUMAR, Advocate ( SR-10897[I] dated 03/07/2019 )

ORDER

IN CRL OP(MD) No.9379 of 2019 Date : 03/07/2019 aav TK/PN/SAR.2/03.07.2019/3P/7C