Ravichandran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fifth day of July Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.10917 of 2016 RAVICHANDRAN ... PETITIONER /SOLE ACCUSED Vs THE STATE REP.BY THE INSPECTOR OF POLICE VALLAM POLICE STATION, THANJAVUR DISTRICT, CR NO. 152/2016. ... RESPONDENT / COMPLAINANT For Petitioner : M/S K.M.KARUNAKARAN 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 is arrayed as sole accused, who was arrested and remanded to judicial custody on 18.05.2016 for the alleged offences punishable under Sections 294(b), 307 IPC and Section 3(i) of TNPPDL Act, in Crime No.152 of 2016, on the file of the respondent police and hence, seeks bail.

2.The case of the prosecution is that on 17.05.2016, due to previous enmity, the accused attacked the de facto complainant and caused injuries and also caused damage to his car. On complaint, case has been registered for the above said offences.

3.It is submitted by the learned counsel for the petitioner that the petitioner is an innocent person and he has not committed any offence and he is in judicial custody from 18.05.2016.

4.It is submitted by the learned Government Advocate (Crl.Side) 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 and the petitioner is in judicial custody from 18.05.2016, 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 sureties each for a like sum to the satisfaction of https://hcservices.ecourts.gov.in/hcservices/

the learned Judicial Magistrate No.II, Thanjavur District.

(ii)the petitioner shall report before the respondent police daily at 10.00 a.m. 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/- 05/07/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II, THANJAVUR DISTRICT.

2 DO THRO THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT.

3 THE SUPERINTENDENT CENTRAL PRISON, TIRUCHIRAPPALLI.

4 THE ADDL. PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

5 THE INSPECTOR OF POLICE VALLAM POLICE STATION, THANJAVUR DISTRICT, +1. CC to M/S K.M.KARUNAKARAN Advocate SR.No.34943.

ORDER

IN CRL OP(MD) No.10917 of 2016 Date :05/07/2016 AM/NGM.MP/SAR-III/05.07.2016/2P/7C https://hcservices.ecourts.gov.in/hcservices/