Balaganesan, v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Seventeenth day of April Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.6110 of 2018 BALAGANESAN ... PETITIONER / SOLE ACCUSED Vs THE STATE REP.BY, THE INSPECTOR OF POLICE, THERMAL NAGAR POLICE STATION, THOOTHUKUDI DISTRICT.
(CRIME NO.19 OF 2018) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.M.A.J.THEIVA THOLKAPPIAN Advocate For Respondent : MR.A.P.G.OHM CHAIRMA PRABHU 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 the sole accused. He was arrested and remanded to judicial custody on 17.03.2018 for the offences punishable under Sections 294(b), 307 and 506(ii) I.P.C., and Section 4 of TNPWH Act, in Crime No.19 of 2018, on the file of the respondent police. He seeks bail.
2.Heard the learned Government Advocate (Crl.Side) appearing for the respondent police.
3.This Court taking serious note of the petitioner's conduct in harassing the erstwhile wife dismissed the earlier bail application.
4. The learned counsel appearing for the petitioner undertakes that the petitioner shall not go any where near his erstwhile wife and her children.
5.Recording the said undertaking given by the petitioner's counsel on behalf of the petitioner, 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;
https://hcservices.ecourts.gov.in/hcservices/ (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 District Sessions Judge, Thoothukudi. (ii) the petitioner is directed to appear before the respondent police as and when required for interrogation.
(iii) the petitioner shall not abscond.
(iv) on breach of any of the aforesaid conditions, the 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 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/- 17/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE DISTRICT SESSIONS JUDGE, THOOTHUKUDI. 2 THE OFFICER IN CHARGE, DISTRICT JAIL, PEROORANI, THOOTHUKUDI DISTRICT.
3 THE INSPECTOR OF POLICE, THERMAL NAGAR POLICE STATION, THOOTHUKUDI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.THEIVA THOLKAPPIAN Advocate SR.No.6325
ORDER
IN CRL OP(MD) No.6110 of 2018 Date :17/04/2018 MKV-CM-ASVM/17.4.2018/2P-6C https://hcservices.ecourts.gov.in/hcservices/