Kombaiah, v. The Sub 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.13401 of 2016 KOMBAIAH ... PETITIONER/2nd ACCUSED Vs THE STATE REP BY ITS, THE SUB INSPECTOR OF POLICE, SRIVIKUNTAM POLICE STATION, TUTICORIN DISTRICT.

CRIME NO.168 OF 2016 ... RESPONDENT/COMPLAINANT For Petitioner : M/S M.S.JEYAKARTHIK 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.2, who was arrested and remanded to judicial custody on 16.07.2016 for the alleged offences punishable under Sections 294(b), 387 and 506(ii) IPC and Section 3 of TNPPDL Act, in Crime No.168 of 2016, on the file of the respondent police and hence, seeks bail.

2.The case of the prosecution is that due to money dispute, the petitioner damaged the lorry worth Rs.25,000/- belonging to the defacto complainant and abused him in filthy language. On complaint, case has been registered for the above said offences. 3.The case of the petitioner is that 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 16.07.2016.

4.The learned counsel for the petitioner submitted that the petitioner is willing to deposit a sum of Rs.15,000/- to the credit of Crime No.168 of 2016 before the learned Judicial Magistrate, Srivaikundam.

5.The learned Government Advocate (Crl. side) submitted that the petitioner damaged the defacto complainant's lorry worth about Rs.25,000/- and the investigation is pending. 6.Considering the facts and circumstances of the case and also considering the fact that the petitioner is in judicial custody from 16.07.2016, this Court is inclined to enlarge the petitioner on bail with certain conditions. Accordingly, the petitioner is ordered to be released on bail on condition that the petitioner shall deposit a sum of Rs.15,000/- to the credit of Crime No.168 of 2016 before the https://hcservices.ecourts.gov.in/hcservices/

learned Judicial Magistrate, Srivaikundam and on further conditions that:

(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, Srivaikundam.

(ii) the petitioner shall report before the respondent police daily at 10.30 a.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].

7.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,SRIVAIKUNDAM.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN. 3 THE SUB INSPECTOR OF POLICE,SRIVIKUNTAM POLICE STATION, TUTICORIN DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECTUOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

5 THE OFFICER IN CHARGE,DISTRICT PRISON, SRIVAIKUNDAM. +1. CC to M/S M.S.JEYAKARTHIK Advocate SR.No.41103

ORDER

IN PS CRL OP(MD) No.13401 of 2016 CSL/GSV-PM/SAR-I/01.08.2016:2P/7C Date :01/08/2016 https://hcservices.ecourts.gov.in/hcservices/