Thangaiah, v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twentieth day of April Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.6420 of 2018 THANGAIAH ... PETITIONER / SOLE ACCUSED Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE, ACHANPUDUR POLICE STATION, TIRUNELVELI DISTRICT (CRIME NO.104 OF 2013) ... RESPONDENT / COMPLAINANT For Petitioner : Mr.S.MUTHUMALAI RAJA 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 28.03.2018 for the offences punishable under Sections 294(b), 324, 506(i) of Indian Penal Code, in Crime No.104 of 2013, on the file of the respondent police. He seeks bail.

2.The petitioner is facing trial in C.C.No.114 of 2014 on the file of the Judicial Magistrate Court, Shencottah. On account of his absence on one hearing, Non-Bailable Warrant came to be issued and he was arrested and remanded to judicial custody. The learned counsel for the petitioner undertakes that the petitioner would regularly appear in all the future hearings, if he is not able to appear, necessary application under Section 317 of Cr.P.C. will be filed.

3.Recording the said undertaking, 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 Judicial Magistrate, Shencottah, Tirunelveli District. (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/- 20/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, SHENCOTTAH, TIRUNELVELI DISTRICT 2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT 3 THE INSPECTOR OF POLICE, ACHANPUDUR POLICE STATION, TIRUNELVELI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 5 THE OFFICER INCHARGER, SUB-JAIL, THENKASI, TIRUNELVELI DISTRICT +1. CC to M/S.S.MUTHUMALAI RAJA Advocate SR.No.6653 GNS JAM/20/04/2018/ CM-VR /GSR/ 2P-7C

ORDER

IN CRL OP(MD) No.6420 of 2018 Date :20/04/2018 https://hcservices.ecourts.gov.in/hcservices/