Veerakumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Second day of July Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.12528 of 2016 VEERAKUMAR ... PETITIONER/ACCUSED NO.3 Vs STATE REP.BY THE INSPECTOR OF POLICE SIVAGANGAI TOWN POLICE STATION, SIVAGANGAI DISTRICT.

(CRIME NO. 454 OF 2016) ... RESPONDENT/COMPLAINANT For Petitioner : M/S R.BALAMURUGANANTHAM 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 is arrayed as accused No.3, who was arrested and remanded to judicial custody on 20.06.2016 for the alleged offences punishable under Sections 294(b), 342, 307 of IPC and Section 3 of TNPPDL Act, in Crime No.454 of 2016, on the file of the respondent police and hence, seeks bail.

2.The case of the petitioner is that the petitioner is innocent person and he has not committed any offence as alleged by the prosecution and prays for granting of bail.

3.The learned counsel for the petitioner submitted that petitioner is ready and willing to deposit a sum of Rs.1,000/-. 4.The learned Government Advocate(Crl.side) submitted that the no one sustained injury in the alleged occurrence and the petitioner is having three previous cases.

5.Considering the facts and circumstances of the case and also considering the fact that the petitioner is in judicial custody from 20.06.2016 and also considering the submission made on the side 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: (i)The petitioner shall deposit a sum of Rs.1,000/- each (Rupees one Thousand only) to the credit of Crime No.454 of 2016, before the learned Judicial Magistrate No.I, Sivagangai on receipt of the same (ii) the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Sivagangai. https://hcservices.ecourts.gov.in/hcservices/

(iii)the petitioner shall report before the respondent police daily at 10.00 a.m., and 5.00 p.m., until further orders.

(iv) the petitioner shall not tamper with evidence or witness either during investigation or trial. (v) the petitioner shall not abscond either during investigation or trial.

(vi)On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners 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 Crl side), as to whether the petitioner is complying with the condition or not.

sd/- 22/07/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.1, SIVAGANGAI DISTRICT.

2 DO-THRO' THE CHIEF JUDICIAL MAGISTRATE SIVAGANGAI.

3 THE SUPERINTENDENT, CENTRAL PRISON,MADURAI DISTRICT.

4 THE INSPECTOR OF POLICE SIVAGANGAI TOWN POLICE STATION, SIVAGANGAI DISTRICT.

THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT,MADURAI.

+1. CC to M/S R.BALAMURUGANANTHAM Advocate SR.No.38711

ORDER

IN CRL OP(MD) No.12528 of 2016 Date :22/07/2016 PA/SK-SKN/SAR II/22.07.2016/2P/7C https://hcservices.ecourts.gov.in/hcservices/