Rajalingam v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fourth day of August Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.13831 of 2016 RAJALINGAM ..PETITIONER/SOLE ACCUSED Vs.

STATE REP.BY THE INSPECTOR OF POLICE TIRUCHENDUR POLICE STATION, TUTICORIN DISTRICT.

CRIME NO. 260 OF 2016 ..RESPONDENT/COMPLAINANT For Petitioner : M/S.N.ANANDAKUMAR 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 12.07.2016 for the alleged offences punishable under Section 294(b),307 and 506(ii) IPC, in Crime No.260 of 2016, on the file of the respondent police and hence, seeks bail. 2.The case of the prosecution is that due to the pathway dispute, the petitioner attacked the defacto complainant with aruval and caused injury. 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 12.07.2016.

4.The learned Government Advocate(Crl.side) submitted that the bail application filed before the Sessions Court by the petitioner was dismissed and the injured person is now discharged from the hospital.

5.Considering the facts and circumstances of the case and also considering the fact that the petitioner is in judicial custody from 12.07.2016 and the injured is discharged from the hospital, 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 https://hcservices.ecourts.gov.in/hcservices/

Rs.10,000/- (Rupees ten thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Tiruchendur. (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].

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/- 04/08/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, THIRUCHENDUR, THOOTHUKUDI DISTRICT. 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, TIRUCHENDUR POLICE STATION, TUTICORIN DISTRICT.

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

+1. CC to M/S.N.ANANDAKUMAR Advocate SR.No.42057 ORDER IN CRL OP(MD) No.13831 of 2016 Date :04/08/2016 PBK/GSV-PM/SAR-I 04/08/2016 ::2P-7C::

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