M. Aathiraja v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the First day of July Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.10901 of 2016 M. AATHIRAJA ... PETITIONER / ACCUSED Vs State rep.by THE INSPECTOR OF POLICE B-6, JAIHINDPURAM (L & O) POLICE STATION, MADURAI CITY, CR NO. 595/2016. ... RESPONDENT / COMPLAINANT For Petitioner : M/S D.RAMESHKUMAR Advocate For Respondent : MR.P.Kannithevan Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner who is arrayed as accused was arrested and remanded to judicial custody on 03.06.2016 for the alleged offences punishable under Sections 147,148,447,448,294(b),324,307 and 506(ii) of IPC @ Sections 120-B, 147,148,447,448,294(b),324,307 and 506(ii) of IPC in Crime No.595 of 2016, on the file of the respondent police and hence, seeks bail.

2. The case of the prosecution is that due to political motive, the petitioner attacked the defacto complainant and caused injuries. On complaint, a case has been registered for the above said offences.

3. The case of the petitioner is that the petitioner is innocent and he has not committed any offence as alleged by the prosecution and his name has been falsely implicated in this case. He further submitted that the petitioner is in judicial custody from 30.05.2016 and prays for enlarging the petitioner on bail. 4.The learned Government Advocate(Crl.side) submitted that the injured person had already been discharged from the hospital. 5.Considering the facts and circumstances of the case and also considering the fact that the injured person had already been discharged from the hospital, this Court is 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 https://hcservices.ecourts.gov.in/hcservices/

sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.IV, Madurai.

(ii) the petitioner shall stay at Trichy and report before the Inspector of Police, Contempt Police Station, Trichy daily at 10.00 am and 5.30 pm until further orders.

(iii) the petitioner shall not tamper with evidence or witness either during investigation or trial.

(iv) the petitioner shall not abscond either during investigation or trial.

(v) 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].

6.The Inspector of Police concerned is directed to send a compliance report to the office of the learned Government Advocate, as to whether the petitioner is complying with the condition or not. sd/- 01/07/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.IV, MADURAI 2 -do-thro THE CHIEF JUDICIAL MAGISTRATE, MADURAI 3 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI 4 THE INSPECTOR OF POLICE B-6, JAIHINDPURAM (L & O) POLICE STATION, MADURAI CITY.

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

THE INSPECTOR OF POLIE, CANTONMENT POLICE STATION,TRICHY.

+1. CC to M/S D.RAMESHKUMAR Advocate SR.No.34449 sm:NGM-MP:SAR I:01.07.2016:2P/8C ORDER IN CRL OP(MD) No.10901 of 2016 Date :01/07/2016 https://hcservices.ecourts.gov.in/hcservices/