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Madras High CourtCRL OP(MD)/14670/2017granted

Hari v. The Inspector Of Police

2017-11-15Honourable Mr Justice M.Dhandapani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fifteenth day of November Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.14670 of 2017 HARI ... PETITIONER /3rd ACCUSED Vs STATE REP.BY THE INSPECTOR OF POLICE, THISAYANVILAI POLICE STATION, TIRUNELVELI DISTRICT.

CRIME NO.321/2017 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.R.JIM, Advocate For Respondent : M/S.K.ANBARASAN, Government Advocate(Crl.Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner/Accused No.3, who was arrested and remanded to judicial custody on 18.10.2017 by the respondent police for the offences punishable under Sections 147, 148, 294(b), 364, 323, 307 and 506(ii) of I.P.C., in Crime No.321 of 2017, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that A1 who is the Police Official colluded with all other accused and attacked the defacto complainant on suspect that the defacto complainant has acted as 'Informant' to the police official. Hence, the case has been registered by the respondent police against the accused. 3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submitted that this Court has already been granted anticipatory bail to A1 on 10.11.2017 in Crl.O.P.(MD)No.15365 of 2017 and other accused persons were also enlarged on bail and hence, he prayed for bail. 4.The learned Government Advocate (Criminal side) appearing for the State did not dispute the factual aspects made by the learned counsel for the petitioner.

https://hcservices.ecourts.gov.in/hcservices/ 5.Considering the facts and circumstances of the case and also considering the submission made by the learned counsel for the

petitioner, I am inclined to grant bail to the petitioner. 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.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like-sum to the satisfaction of the learned Judicial Magistrate, Nanguneri, Tirunelveli Distric;

(ii)the petitioner shall report before the respondent police, daily at 10.30 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) the petitioner shall not commit any offence while on bail;

(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 and the bail granted stands cancelled automatically.

sd/- 15/11/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE, NANGUNERI, TIRUNELVELI DISTRICT.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI.

3. THE SUPERINTENDENT,CENTRAL PRISON, PALAYAMKOTTAI.

4. THE INSPECTOR OF POLICE, THISAYANVILAI POLICE STATION, TIRUNELVELI DISTRICT.

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

+1. CC to M/S.R.JIM Advocate SR.No.34416 ORDER IN CRL OP(MD) No.14670 of 2017 Date :15/11/2017 MS/PM-PN/SAR.2/15.11.2017/2P.7C https://hcservices.ecourts.gov.in/hcservices/