Parthiban v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twentieth day of January Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.807 of 2015 PARTHIBAN ... PETITIONER/ACCUSED NO.1 Vs THE STATE REP BY THE SUB INSPECTOR OF POLICE SOUTH POLICE STATION, TUTICORIN, TUTICORIN DISTRICT.

CR. NO.8/2015. ... RESPONDENT/COMPLAINANT For Petitioner : M/S.S.SENTHIL SANKARA NATHAKUMAR 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 02.01.2015 for the offences punishable under Sections 147, 294(b), 324 and 506(ii) IPC and Section 3 of TNPPDL Act in Crime No.8 of 2015 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 02.01.2015 the petitioner (A1) has abused, assaulted and threatened the defacto complainant. The petitioner has also damaged the glass articles belonged to the defacto complainant, thereby caused loss to him to the tune of Rs.10,000/-.

3. The learned Government Advocate (criminal side) submits that the injured has been discharged from the hospital on 17.01.2015. 4.Considering the facts and circumstances of the case and also considering the submission of the learned Government Advocate, 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 learned Judicial Magistrate No.I, Tuticorin and on further condition that:

[a] the petitioner shall report before the respondent police twice a day daily at 10.30 a.m. and 6.30 p.m. for a period of two weeks and thereafter as and when required for interrogation. https://hcservices.ecourts.gov.in/hcservices/

[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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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]. sd/- 20/01/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,NO.I, TUTICORIN 2 -DO-THRO'THE CHIEF JUDICIAL MAGISTRATE TUTICORIN 3 THE SUB INSPECTOR OF POLICE SOUTH POLICE STATION, TUTICORIN, TUTICORIN DISTRICT.

4 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI 5 THE ADDL.PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.S.SENTHIL SANKARA NATHAKUMAR Advocate SR.No.2245

ORDER

IN CRL OP(MD) No.807 of 2015 Date :20/01/2015 NA/21/01/2015/P2/7C https://hcservices.ecourts.gov.in/hcservices/