Bala @ Balakrishnan, 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.6362 of 2018 BALA @ BALAKRISHNAN ... PETITIONER / ACCUSED NO.2 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE SUBRAMANIYAPURAM POLICE STATION, MADURAI DISTRICT.

CR.NO.72 OF 2018 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.A.JOSEPH JERRY 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 accused No.2. He was arrested and remanded to judicial custody on 07.02.2018 for the offences punishable under Sections 147, 148, 341, 294(b), 506(ii) and 302 IPC and 3 (1) of TNPPDL Act in Crime No.72 of 2018, on the file of the respondent police. He seeks bail.

2.The petitioner has been arrayed as second accused in the FIR. He submitted that all the accused have been arrested and investigation appears to have been substantially over. The petitioner is no doubt having previous cases, but they are only for minor offences.

4.Taking into all circumstances of the case, 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 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 IV, Madurai.

https://hcservices.ecourts.gov.in/hcservices/

(ii) the petitioner shall not enter Madurai City for a period of six months, except when he called by the respondent Police 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 NO.IV, MADURAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

4 THE INSPECTOR OF POLICE SUBRAMANIYAPURAM POLICE STATION, MADURAI DISTRICT.

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

+1. CC to M/S.A.JOSEPH JERRY Advocate SR.No.6736

ORDER

IN CRL OP(MD) No.6362 of 2018 Date :20/04/2018 MKV-CM-VR-GSR/20.4.2018/2P-7C https://hcservices.ecourts.gov.in/hcservices/