Venkatesan, v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twelfth day of April Two Thousand and Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.5850 of 2018 VENKATESAN ... PETITIONER / ACCUSED No.4 Vs THE STATE REP. BY THE INSPECTOR OF POLICE, DINDIGUL TOWN WEST POLICE STATION, DINDIGUL.(CR.NO.381 OF 2006).
... RESPONDENT / COMPLAINANT For Petitioner : M/S.S.MAHENDRAPATHY Advocate For Respondent : M/S. A.P.G.OHM CHAIRMA PRABHU, 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 Accused No.4. He was arrested and remanded to judicial custody on 12.03.2018 for the offences punishable under Sections 120-B, 450, 395 r/w. 397 IPC I.P.C., in Crime No.381 of 2006 on the file of the respondent police. He seeks bail.
2.The case is still pending at the committal stage. On account of the absence of the petitioner on 19.08.2017, warrant was issued. The petitioner was secured by arrest. Since there are number of accused in this case and since the proceedings have to be concluded expeditiously, the presence of the petitioner for all the future hearing is must. In order to ensure the same, the learned counsel appearing for the petitioner undertook that he shall appear before the local police station ie., the Inspector of Police, Uthamapalyam Police Station daily at 6.30 p.m.,. The learned counsel for the petitioner further undertakes that he shall not file any application for relaxation of the said conditions till the trial is over. The petitioner also further undertakes that he shall appear before the Court on all future hearings. If he will not be in a position to appear, an application under Section 317 Cr.P.C would be filed. If these conditions are breached, this order granting bail would stand cancelled automatically.
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3.Taking note of all these aspects, 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 the learned Judicial Magistrate No.I, Dindigul.
(ii)the petitioner is directed to appear before the respondent police as and when required for interrogation. (iii)on breach of any of the aforesaid conditions, the 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 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/- 12/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE NO.I, DINDIGUL.
2 DO THOUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT.
3 THE OFFICER INCHARGE, DISTRICT JAIL, DINDIGUL.
4 THE INSPECTOR OF POLICE, DINDIGUL TOWN WEST POLICE STATION, DINDIGUL. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S.S.MAHENDRAPATHY Advocate SR.No.6023.
ORDER
IN CRL OP(MD) No.5850 of 2018 Date :12/04/2018 SDS/CM:VR/VK/12.04.2018/2P/7C https://hcservices.ecourts.gov.in/hcservices/