Madras High CourtCRL OP(MD)/8065/2015disposed of

Yasu Raja v. The Inspector Of Police

2015-05-06Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Sixth day of May Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.8065 of 2015 YASU RAJA ... PETITIONER/ACCUSED No.7 Vs STATE REP.BY THE INSPECTOR OF POLICE SRIVAIKUNDAM POLICE STATION, THOOTHUKUDI DT, CRIME NO.104/2015 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.S.JEYAPAUL Advocate For Respondent : MR.A.P.BALASUBRAMANI,Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who was arrested and remanded to judicial custody on 05.04.2015 for the offences punishable under Sections 399, 25(1)(a) of Arms Act in Crime No.104 of 2015 on the file of the respondent police, seeks bail.

2. Heard the learned Counsel for the petitioner and the learned Government Advocate (Crl.side) appearing for the State.

3. It appears that the co-accused has been arrested and granted bail in Crl.O.P.(MD)No.7805 of 2010, on 30.03.2015.

4. Considering the facts and circumstances of the case and also considering the fact that the co-accused has already been released on bail, this Court is inclined to grant bail to the petitioner.

5. Accordingly, the petitioner is ordered to be released on bail on his executing 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 Judicial Magistrate, Srivaikundam and on further conditions that: [a] the petitioner shall report before the respondent police daily twice at 10.30 a.m. and 05.30 p.m. for a period of four weeks and https://hcservices.ecourts.gov.in/hcservices/ thereafter, as and when required for interrogation.

[b] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[c] the petitioner shall not abscond either during investigation or trial.

[d] 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]. (e)The Inspector of Police concerned, is directed to send compliance report to the office of the learned Government Advocate (Crl.Side) whether the petitioner is complying with the order or not. sd/- 06/05/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,SRIVAIKUNDAM.

2 THE CHIEF JUDICIAL MAGISTRATE,TUTICORIN.

3 THE SUPERINTENDENT CENTRAL PRISON,PALAYAMKOTTAI.

4 THE INSPECTOR OF POLICE SRIVAIKUNDAM POLICE STATION, THOOTHUKUDI DT.

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

+1. CC to M/S.S.JEYAPAUL Advocate SR.No.25167

ORDER

IN CRL OP(MD) No.8065 of 2015 Date :06/05/2015 PA/07.05.2015/2P/7C https://hcservices.ecourts.gov.in/hcservices/