Highcourt v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty First day of July Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.12301 of 2016 HIGHCOURT ... PETITIONER/ SOLE ACCUSED Vs THE INSPECTOR OF POLICE THATTARMADAM POLICE STATION, THATTARMADAM, THOOTHUKUDI DISTRICT.
CR. NO.87/2016 ... RESPONDENT / COMPLAINANT For Petitioner : M/S N.PRAGALATHAN Advocate For Respondent : M/S.P.KANNITEHVAN 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 sole accused was arrested and remanded to judicial custody on 22.06.2016 for the alleged offences punishable under Section 304 IPC in Crime No.87 of 2016, on the file of the respondent police and hence, seeks bail.
2. The case of the prosecution is that the petitioner engaged the deceased for doing electrical work and due to the negligence of the petitioner, the deceased fell down and died. On complaint, a case has been registered for the above said offences.
3. The learned counsel for the petitioner submitted 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 the petitioner is working as wireman in TNEB and he never engaged the deceased for doing electrical work and the petitioner is not present in the place of occurrence and prays for enlarging the petitioner on bail. 4.The learned Government Advocate(Crl.side) submitted that the petitioner engaged the deceased for doing electrical work and due to the negligence on the part of the petitioner, he fell down and died and the investigation of the case is pending.
5.Considering the facts and circumstances of the case and also considering the fact that the petitioner is in judicial custody from 22.06.2016, I am 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, Sattankulam, Thoothukudi District.
(ii)the petitioner shall appear before the respondent Police daily at 10.00 am and 5.30 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/- 21/07/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, ATTANKULAM, THOOTHUKUDI DISTRICT. 2 DO THRO THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT.
3 THE OFFICER INCHARGE, DISTRICT JAIL, SRIVAIKUNDAM, THOOTHUKUDI DISTRICT.
4 THE INSPECTOR OF POLICE THATTARMADAM POLICE STATION, THATTARMADAM, THOOTHUKUDI DISTRICT.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S N.PRAGALATHAN Advocate SR.No.38311
ORDER
IN CRL OP(MD) No.12301 of 2016 Date :21/07/2016 SDR/NGM-MP/SAR III/21.07.2016/3P/7C