Ramesh v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Eighteenth day of July Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.11920 of 2016 RAMESH ... PETITIONER/ ACCUSED No.3 Vs THE STATE REP. BY THE INSPECTOR OF POLICE KARIVALAMVANTHANALLUR POLICE STATION, TIRUNELVELI DISTRICT, CR NO. 134/2016. ... RESPONDENT/ COMPLAINANT For Petitioner : M/S S.MUNIYANDI 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 who is arrayed as accused No.3 was arrested and remanded to judicial custody on 11.05.2016 for the alleged offences punishable under Sections 341, 294(b), 302, 109 of IPC @ 147,148,294 (b),341,302, 109 and 120(b) of IPC in Crime No.134 of 2016, on the file of the respondent police and hence, seeks bail.

2. The case of the prosecution is that the defacto complainant's son viz., Ananthakumar gave petition to Electricity Board for removal of high tension wire crossing the house being constructed by him. The line was going to the house of A4. Therefore, the petitioner along with other accused persons attacked the deceased and due to the injury caused he died. On complaint, a case has been registered against the petitioner for the above said offences.

3. The case of the petitioner is that the petitioner is innocent and he has not committed any offence as alleged by the prosecution and his name has been falsely implicated in this case. He further submitted that A4 and A5 were granted anticipatory bail by this Court in Crl.O.P(MD).Nos.8112 and 8143 of 2016, dated 19.05.2016 and the petitioner is in judicial custody from 11.05.2016 and prays for enlarging the petitioner on bail.

4.The learned Government Advocate(Crl.side) submitted that the defacto complainant's son was murdered by the petitioner and other accused persons at the instigation of A4 and A5 and the investigation of the case is pending and prayed for dismissal of this petition.

5.Considering the facts and circumstances of the case and also considering the fact that the co-accused A4 and A5 only instigated the petitioner to attack the deceased and that they were granted anticipatory bail by this Court, 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 each for a like sum to the satisfaction of the learned Judicial Magistrate, Sankarankoil.

(ii) the petitioner shall appear before the respondent Police daily at 10.00 am and 5.00 pm 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/- 18/07/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, SANKARANKOIL 2 DO THRO' THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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

5 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI. +1. CC to M/S S.MUNIYANDI Advocate SR.No.37219 trp JM/SK-SKN/SAR-III/18.07.2016/3P-7C

ORDER

IN CRL OP(MD) No.11920 of 2016 Date :18/07/2016