T. Subramanian v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fourth day of April Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.5193 of 2018 T. SUBRAMANIAN ... PETITIONERS / ACCUSED NO.2 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE SRI RANGAM POLICE STATION, THIRUCHIRAPALLI, IN CR.NO. 1621 OF 2010 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.S.BHARATHY KANNAN Advocate For Respondent : MR.PRABU RAMACHANDRAN Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner is arrayed as Accused No.2. He was arrested by the respondent police on 13.03.2018 based on the non-bailable warrant issued by the learned Judicial Magistrate No.III, Trichy, and remanded to judicial custody. The case against him is for the offences punishable under Sections 294(b), 323 and 506(i) IPC in C.C.No.162 of 2013 in Crime No.1621 of 2010, on the file of the Judicial Magistrate Court No.III, Trichy. He seeks bail. 2.Heard both sides.

3.The petitioner is facing trial in C.C.No.162 of 2013 on the file of the Judicial Magistrate Court No.III, Trichy. On account of his abscondence, Non-Bailable Warrant was issued against him. The petitioner was absconding for about six months. He was arrested by the respondent police on 13.03.2018 and he is in judicial custody for the past 20 days. Now, the petitioner undertakes before this Court through his counsel that he would appear before the learned Judicial Magistrate No.III, Trichy, regularly in all the future hearings without fail.

4.Recording the abovesaid undertaking given by the petitioner, this Court is inclined to enlarge him on bail with certain conditions. Accordingly, the petitioner is ordered to be released on bail, subject to the following conditions: https://hcservices.ecourts.gov.in/hcservices/

(i) The petitioner shall execute 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.III, Trichirappalli.

(ii) The petitioner shall appear before the learned Judicial Magistrate No.III, Trichy, regularly in all the future hearings without fail.

(iii) The petitioner shall not abscond.

(iv) 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/- 04/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.III, TRICHY.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.

3 THE SUPERINTENDENT, CENTRAL PRISON, THIRUCHIRAPALLI.

4 THE INSPECTOR OF POLICE SRI RANGAM POLICE STATION, THIRUCHIRAPALLI.

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

+1. CC to M/S.S.BHARATHY KANNAN Advocate SR.No.5327

ORDER

IN CRL OP(MD) No.5193 of 2018 Date :04/04/2018 MKV-CM-VR-SAR 4/4.4.2018/2P-7C https://hcservices.ecourts.gov.in/hcservices/