Venkatachalapathy @ v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Sixteenth day of March Two Thousand Fifteen PRESENT The Hon`ble Mr.Justice P.N.PRAKASH CRL OP(MD) No.3710 of 2015 VENKATACHALAPATHY @ PERUMAL ... PETITIONER/SOLE ACCUSED Vs STATE.REP.BY THE INSPECTOR OF POLICE CHERANMAHADEVI POLICE STATION, TIRUNELVELI DT, CRIME NO.32/2015 ... RESPONDENT/COMPLAINANT For Petitioner : No appearance 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/Sole accused, who was arrested on 28.01.2015 for the offence punishable under Sections 457, 511 IPC in Crime No.32 of 2015 on the file of the respondent police, seeks bail.

2. Boycott of Courts pursuant to boycott called by Bar Council of India protesting the murder of an Advocate by police. There is no representation on behalf of the petitioner. Head the learned Government Advocate (Crl.side) appearing for the State and perused the materials available on record.

3. The learned Government Advocate would submit that there is no previous case against this petitioner and in this case, investigation has been completed and final report has been filed before the learned Judicial Magistrate, Cheranmahadevi.

4. Under such circumstances, this Court is of the view that it is a fit case 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 https://hcservices.ecourts.gov.in/hcservices/ two sureties each for a like sum to the satisfaction of the learned

Judicial Magistrate, Cheranmahadevi, and on further condition that: [a] the petitioner shall report before the respondent police daily at 6:30 p.m. for a period of two 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.

[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 petitioner is complying with the order or not. sd/- 16/03/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,CHERANMAHADEVI.

2 DO-THRO' THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI.

3 THE SUPERINTENDENT, CENTRAL PRISON,PALAYAMKOTTAI, TIRUNELVELI DISTRICT.

4 THE INSPECTOR OF POLICE CHERANMAHADEVI POLICE STATION, TIRUNELVELI DISTRICT. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT,MADURAI.

+1. CC to M/S.S.SATHYA CHIDAMBARAM Advocate SR.No.12488 ORDER IN CRL OP(MD) No.3710 of 2015 Date :16/03/2015 PA/17.03.2015/2P/7C https://hcservices.ecourts.gov.in/hcservices/