Madras High CourtCRL OP(MD)/3758/2020disposed of

Subramanian v. The Sub-Inspector Of Police

2020-02-28Honourable Mr Justice G.R.Swaminathan2 pages

CRL OP(MD). No.3758 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/02/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.3758 of 2020 Subramanian ... Petitioner/Accused No.4 Vs.

The State rep.by The Sub-Inspector of Police, Cheranmahadevi Police Station, Tirunelveli District.

Crime No.205/2014 ... Respondent/Complainant For Petitioner : Mr.S.Sathyachidambaram, Advocate.

For Respondent : M/s.M.Ananthadevi, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No. 205/2014 on the file of the Respondent Police.

ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl. Side) appearing for the respondent. 2.Following the execution of NBW issued against him on 02.03.2018 in PRC No.16 of 2019 on the file of the Judicial Magistrate Court, Cheranmahadevi, the petitioner is in custody since 24.01.2020 for the offences under Sections 147, 148, 294(b), 353, 379 (sand theft) and 307 IPC.

3.The petitioner's counsel on instructions gives an undertaking that the petitioner will attend all the future hearings without any default. If he is unable to appear, his counsel will represent him and file a petition under Section 317 of Cr.P.C. On account of the petitioner's absence, the trial will not be stalled henceforth. If this undertaking is breached, the order now passed will stand automatically vacated and the petitioner will be remanded to custody.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.3758 of 2020 4.Recording the said submission, I am inclined to enlarge the petitioner on bail with certain conditions. Accordingly, the petitioner is ordered to be released on bail, subject to the following conditions;

(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 Judicial Magistrate, Cheranmahadevi, Tirunelveli District.

(ii)the petitioner will appear before the court below in all the future hearings without fail.

(iii) 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/- 28/02/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE, CHERANMAHADEVI TIRUNELVELI DISTRICT.

2.DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, THIRUNELVELI DISTRICT.

3.THE SUPERINTENDENT, CENTRAL JAIL AT PALAYAMKOTTAI, TIRUNELVELI DISTRICT. 4.THE SUB-INSPECTOR OF POLICE, CHERANMAHADEVI POLICE STATION, TIRUNELVELI DISTRICT.

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

+1. CC to Mr.SATHYA CHIDAMBARAM Advocate SR.No.4352

ORDER

IN CRL OP(MD) No.3758 of 2020 Date :28/02/2020 TK/PN/SAR.2/28.02.2020/2P/7C https://hcservices.ecourts.gov.in/hcservices/ 2/2