Madras High CourtCRL OP(MD)/9002/2015ordered

Subramani, S/O. Karuppan, v. The Inspector Of Police

2015-05-06Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Sixth day of May Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.9002 of 2015 SUBRAMANI ..PETITIONER/ACCUSED No.5 Vs.

STATE REP.BY THE INSPECTOR OF POLICE ANNANAGAR POLICE STATION, MADURAI CITY.

CR. NO. 592 OF 2015.

..RESPONDENT/COMPLAINANT For Petitioner : M/S.A.K.MANICKAM 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 08.04.2015 for the offences punishable under Sections 153 (A) (b) of I.P.C r/w 25(1A) of Arms Act in Crime No.592 of 2015 on the file of the respondent police, seek bail.

2. Heard the learned Counsel for the petitioner and the learned Government Advocate (Crl.side) appearing for the State.

3. It appears that A-6 in this case is an accused and the said accused in connection with another case came to the District Court and at that time, this petitioner/A-5, who is the driver of the auto, accompanied A-1 to A-4, who had come to give protection to A-6. The police, on suspicion, intercepted the auto and from the auto, they recovered knives and aruvals.

4.The learned Government Advocate (Crl.side), on instructions from the respondent Police, submits that the petitioner has no previous case and he is an auto driver.

5.Considering the fact that the petitioner was arrested on 08.04.2015 and also considering the fact that there is no previous case against the petitioner, this Court considers that it is a fit case for grant bail of to the petitioner.

6. Accordingly, the petitioner is ordered to be released on bail on his executing 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 Judicial Magistrate, No.VI, Madurai and on further conditions that: [a] the petitioner shall report before the respondent police daily twice at 10.30 a.m. and 05.30 p.m. for a period of four weeks and thereafter, as and when required for interrogation. [b] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[c] the petitioner shall not abscond either during investigation or trial.

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[d] 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].

(e)The Inspector of Police concerned, is directed to send compliance report to the office of the learned Government Advocate (Crl.Side) whether the petitioner is complying with the order or not. sd/- 06/05/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE NO.VI, MADURAI.

2 -DO-THRO'HE CHIEF JUDICIAL MAGISTRATE, MADURAI. 3 THE ADDL.PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT,MADURAI. 4 THE INSPECTOR OF POLICE, ANNANAGAR POLICE STATION, MADURAI CITY. +1. CC to M/S.A.K.MANICKAM Advocate SR.No.25037 ORDER IN CRL OP(MD) No.9002 of 2015 Date :06/05/2015 PBK/SAR-I 06/05/2015 ::2P-6C:

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