K.Ganesan, v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Nineteenth day of July Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.11349 of 2016 K.GANESAN ... PETITIONER / sole ACCUSED Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE, NAZARETH POLICE STATION, THOOTHUKUDI DISTRICT.

CRIME NO.168/2016) ... RESPONDENT / COMPLAINANT For Petitioner : MR.D.SELVAM FOR M/S V.NATARAJAN 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 22.06.2016 for the alleged offences punishable under Sections 294(b), 353, 307, 506(ii) of IPC and Section 4(1)(i) of Tamil Nadu Prohibition Act, in Crime No.168 of 2016, on the file of the respondent police and hence, seeks bail. 2.The case of the prosecution is that on 22.06.2016 when the police party attached to the Prohibition Enforcement Wing was on patrol duty, the petitioner was in illegal possession of liquor bottles and on seeing the police party, the petitioner broke opened the bottle and tried to kill the defacto complainant and abused him with filthy language. On complaint, case has been registered for the above said offences.

3.The case of the petitioner is that the petitioner is innocent person and he has not committed any offence as alleged by the

prosecution. The petitioner is in judicial custody from 22.06.2016. 4.The learned Government Advocate(Crl.side) submitted that on seeing the police party, the petitioner was in illegal possession of liquor bottles and when they rounded, he broke opened the bottle and tried to kill the defacto complainant and abused him with filthy language and the investigation is pending.

5.Considering the facts and circumstances of the case and also considering the fact that the petitioner is in judicial custody from 22.06.2016, 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, Sathankulam. (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/- 19/07/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, SATHANKULAM 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN 3 THE INSPECTOR OF POLICE, NAZARETH POLICE STATION, THOOTHUKUDI DISTRICT.

4 THE OFFICER IN-CHARGE DISTRICT JAIL, SRIVAIKUNDAM 5 THE THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S V.NATARAJAN Advocate SR.No.37490 JAM/19.07.2016/SK-SKN/SARIII/ 3P-7C

ORDER

IN CRL OP(MD) No.11349 of 2016 Date :19/07/2016