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Madras High CourtCRL OP(MD)/4035/2015ordered

Maniraj v. The Sub Inspector Of Police

2015-03-31Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Thirty First day of March Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.4035 of 2015 MANIRAJ ... PETITIONER / ACCUSED NO.1 Vs THE STATE REP.BY THE SUB-INSPECTOR OF POLICE, SANKARANKOVIL TALUK POLICE STATION, TIRUNELVELI DISTRICT.

CRIME NO.29/2015.

... RESPONDENT / COMPLAINANT For Petitioner : M/S.N.ANANDAKUMAR, Advocate For Respondent : M/S.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, who was arrested and remanded to judicial custody on 13.02.2015 for the offences punishable under Sections 3 of TNPPDL Act @ 337, 338 IPC and 3 of TNPPDL Act, in Crime No.29 of 2015, on the file of the respondent police, seeks bail.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Criminal side) for the respondent.

3. It is the case of the prosecution that this petitioner was in love with a College going girl, who did not reciprocate his love. On 13.02.2015, the said girl was going to College in the College bus, when this petitioner pelt stones at the College bus. The bus driver, sensing danger, swerved the bus to the extreme left, on account of which, the bus crashed into a house on the road side.

4. The learned counsel for the petitioner submitted that the petitioner is a College student and is very repentant and penitent and prays for bail.

5. Taking into consideration these facts, this Court is of the view that it is a fit case to grant bail to this petitioner. 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 (one of whom should be his parent) each for a like sum to the satisfaction of the learned Judicial Magistrate, Sankarankovil, and on further condition that: https://hcservices.ecourts.gov.in/hcservices/

[a] the petitioner shall stay at Madurai and report before the Curator of Gandhi Museum at 10.00 a.m., every day and take part in the social service activities in the Gandhi Museum for a period of two weeks and thereafter, as and when required by the respondent 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]. [e] The Curator, Gandhi Museum, Madurai, is directed to send a compliance report to the office of the learned Government Advocate (Crl. Side), whether the petitioner is complying with the order or not.

sd/- 31/03/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, SANKARANKOVIL.

2 -DO-THRO' THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI. 3 THE SUB INSPECTOR OF POLICE, SANKARANKOVIL TALUK POLICE STATION, TIRUNELVELI DISTRICT.

4 THE CURATOR, GANDHI MUSEUM, MADURAI.

5 THE OFFICER IN-CHARGE, SUB-JAIL, SANKARANKOVIL. 6 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.N.ANANDAKUMAR, Advocate SR.No.16044. ORDER IN CRL OP(MD) No.4035 of 2015 Date :31/03/2015 msm 01.04.2015 p2/8c https://hcservices.ecourts.gov.in/hcservices/