Senthil Kumar v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Fifth day of February Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.3362 of 2015 SENTHIL KUMAR ... PETITIONER / SOLE ACCUSED Vs THE STATE REP.BY THE INSPECTOR OF POLICE KOVILPATTI EAST POLICE STATION, THOOTHUKUDI DIST, CR.NO.69/2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.K.SEEMARAJ Advocate For Respondent : MR.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/accused, who was arrested on 22.01.2015 for the offence punishable under Sections 341, 387 and 506(ii) IPC in Cr.No.69 of 2015 on the file of the respondent police, seeks bail.
2. It is alleged that the petitioner has demanded Rs.200/- from the defacto complainant by brandishing arival.
3. The learned counsel for the petitioner would submit that the petitioner did not involve in the offence as alleged by the prosecution and he has been falsely implicated in this case and he has been in custody from 22.01.2015.
4.Heard the learned Government Advocate(Crl. Side) on the above submission.
5. Considering the facts and circumstances of the case and that the period of incarceration of the petitioner, this Court is inclined to grant bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail on condition 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.I, Kovilpatti, and on further condition that: [a] the petitioner shall report before the respondent police daily at 6:30 p.m. for a period of four weeks and thereafter as and when required for interrogation.
[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.
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[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 a compliance report to the office of the learned Government Advocate (Crl.side) as to whether the petitioners are complying with the order or not.
sd/- 25/02/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1.THE JUDICIAL MAGISTRATE NO.I,KOVILPATTI.
2.DO THRO THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI. 3.THE ADDL. PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
4.THE INSPECTOR OF POLICE KOVILPATTI EAST POLICE STATION, THOOTHUKUDI DIST. 5.THE SUPERINTENDENT CENTRAL PRISON, PALAYAMKOATTAI. +1. CC to M/S.K.SEEMARAJ Advocate SR.No.8599
ORDER
IN CRL OP(MD) No.3362 of 2015 Date :25/02/2015 rg.26.02.2015 2p.7c.
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