Madras High CourtCRL OP(MD)/1212/2016ordered

Antony Thangadurai v. The Sub Inspector Of Police

2016-02-09Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Ninth day of February Two Thousand Sixteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.1212 of 2016 ANTONY THANGADURAI ..PETITIONER/SOLE ACCUSED Vs.

STATE REP.BY THE SUB INSPECTOR OF POLICE THATTARMADAM POLICE STATION, SATHANKULAM TALUK, THOOTHUKUDI DISTRICT.

(CRIME NO. 318 OF 2016) ..RESPONDENT/COMPLAINANT For Petitioner : M/S S.R.ANBARASU Advocate For Respondent : Mr.A.P.BALASUBRAMANI, Government 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 19.12.2015 for the offences punishable under Sections 341, 294(b), 307 and 506(ii) IPC in Crime No.318 of 2015, on the file of the respondent police, seeks bail.

2. Heard Mr.S.R.Anbarasu, learned counsel appearing for the petitioner and Mr.A.P.Balasubramani, learned Government Advocate (Criminal Side) appearing for the State.

3.It is seen that the petitioner was arrested on 19.12.2015 and there is no injury to the de-facto complainant. Taking into consideration the nature of the allegation and the fact that there is no injury to any one, this Court is of the view that it is a fit case for grant of bail to the petitioner.

4. 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, Sathankulam; (ii) the petitioner shall stay at Chennai and report before the Pallavaram Police Station, every day at 10.00 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) 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];

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(VI)The Inspector of Police concerned, is directed to send compliance report to the office of the learned Government Advocate (Crl.Side) whether the first petitioner is complying with the order or not. sd/- 09/02/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, SANTHANKULAM, THOOTHUKUDI DISTRICT. 2 -DO-THRO'THE CHIEF JUDICIAL MAGISTRATE,THOOTHUKUDI. 3 THE ADDL.PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT,MADURAI. 4 THE SUB INSPECTOR OF POLICE, THATTARMADAM POLICE STATION, SATHANKULAM TALUK, THOOTHUKUDI DISTRICT.

5 THE OFFICER-IN-CHARGE, PALLAVARAM POLICE STATION, CHENNAI. 6 THE OFFICER-IN-CHARGE, DISTRICT JAIL, SRIVAIKUNDAM, THOOTHUKUDI DISTRICT.

+1. CC to M/S S.R.ANBARASU Advocate SR.No.7664 ORDER IN CRL OP(MD) No.1212 of 2016 Date :09/02/2016 PBK/SK-SKN/SAR-I 10/02/2016 ::2P-8C::

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