Ramadurai v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Eleventh day of July Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.11281 of 2016 RAMADURAI ... PETITIONER/ ACCUSED RANK A1 Vs STATE REP.BY THE INSPECTOR OF POLICE SANKARANKOVIL TOWN POLICE STATION, TIRUNELVELI DISTRICT.

IN CRIME NO. 270 OF 2016 ... RESPONDENT / COMPLAINANT For Petitioner : M/S M.VELRAJ 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 accused No.1, who was arrested and remanded to judicial custody on 05.06.2016 for the alleged offences punishable under Sections 341, 294(b), 336, 506(ii) and 307 of IPC r/w Section 5 of TNPPDL Act, in Crime No.270 of 2016, on the file of the respondent police and hence, seeks bail.

2.The case of the prosecution is that the petitioner pelted stone on the defacto complainant and he escaped from the attack but the stone hit the mirror of the van. The mirror was broken and thereby caused a loss to the tune of Rs.15,000/-. On complaint, case has been registered for the above said offences. 3.The case of the petitioner is that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. The petitioner is in judicial custody from 05.06.2016.

4.The learned counsel for the petitioner submitted that the petitioner is ready and willing to deposit a sum of Rs.10,000/-. 5.The learned Government Advocate(Crl.side) submitted that the petitioner caused damage to the van mirror of the defacto complaint worth Rs.15,000/-.

6.Considering the facts and circumstances of the case and also considering the fact that the petitioner is in judicial custody from 05.06.2016, 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 for a like sum to the satisfaction of the learned Judicial Magistrate, Sankarankovil. (ii)the petitioner shall deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) to the credit of Crime No.270 of 2016, before the said Court.

(iii)the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders.

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

(vi)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].

7.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/- 11/07/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

AM TO 1 THE JUDICIAL MAGISTRATE,SANKARANKOVIL.

2 DO THROUGG THE CHIEF JUDICIAL MAGISTRATE THIRUNELVELI DISTRICT.

3 THE INSPECTOR OF POLICE, SANKARANKOVIL TOWN POLICE STATION, TIRUNELVELI DISTRICT.

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

5 THE OFFICER INCHARGE, SUB JAIL, SANKARANKOVIL. +1. CC to M/S M.VELRAJ Advocate SR.No.35586 GJM/SK/SKN/SAR-III-11.7.16-3P-7C

ORDER

IN CRL OP(MD) No.11281 of 2016 Date :11/07/2016