Perumal Raj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the First day of August Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.13360 of 2016 PERUMAL RAJ ..PETITIONER/SOLE ACCUSED Vs.

STATE REP.BY THE INSPECTOR OF POLICE THOOTHUKUDI NORTH POLICE STATION, THOOTHUKUDI, THOOTHUKUDI DISTRICT.

CRIME NO.559 OF 2016 ..RESPONDENT/COMPLAINANT For Petitioner : M/S A.THIRUVADIKUMAR Advocate For Respondent : Mr.P.KANNITHEVAN, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner is arrayed as Sole Accused, who was arrested and remanded to judicial custody on 07.07.2016 for the alleged offences punishable under Sections 307, 506(ii) IPC and Section 25(1)(b) of Arms Act, in Crime No.559 of 2016, on the file of the respondent police and hence, seeks bail.

2.The case of the prosecution is that the petitioner frequently picked up quarrel with the defacto complainant and demanded money for purchase of liquor. When she refused to give the amount, he criminally intimidated her. On complaint, case has been registered for the above said offences.

3.The case of the petitioner is that the defacto complainant is the wife of the petitioner and the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. The petitioner is in judicial custody from 07.07.2016. 4.The learned Government Advocate (Crl. side) submitted that the investigation is pending.

5.Considering the facts and circumstances of the case and also considering the relationship between the petitioner and the defacto complainant and also considering the fact that the petitioner is in judicial custody from 07.07.2016, 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 No.II, Thoothukudi.

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

(ii) the petitioner shall report before the respondent police daily twice at 10.30 a.m., and 05.00 p.m., 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/- 01/08/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II, THOOTHUKUDI. 2 -DO-THRO' THE CHIEF JUDICIAL MAGISTRATE,THOOTHUKUDI. 3 THE ADDL.PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE INSPECTOR OF POLICE, THOOTHUKUDI NORTH POLICE STATION, THOOTHUKUDI, THOOTHUKUDI DISTRICT.

5 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI, TIRUNELVELI DISTRICT.

+1. CC to M/S A.THIRUVADIKUMAR Advocate SR.No.41049 ORDER IN CRL OP(MD) No.13360 of 2016 Date :01/08/2016 PBK/GSV-PM/SAR-I 01/08/2016 ::2P-7C::

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