Chinnapandi, v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Fifth day of August Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.13926 of 2016 CHINNAPANDI, ... PETITIONER /SOLE ACCUSED Vs THE STATE REP.BY THE INSPECTOR OF POLICE, KAMUTHI POLICE STATION, RAMANATHAPURAM DISTRICT CR. NO. 181 OF 2016 ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.M.SUBASH BABU 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 who is arrayed as sole accused was arrested and remanded to judicial custody on 23.05.2016 for the alleged offences punishable under Section 302 of IPC in Crime No.181 of 2016, on the file of the respondent police and hence, seeks bail.
2. The case of the prosecution is that the petitioner who is the husband of the deceased murdered the deceased. On complaint, a case has been registered for the above said offences.
3. The case of the petitioner is that the petitioner is innocent and he has not committed any offence as alleged by the prosecution and his name has been falsely implicated in this case. He further submitted that the petitioner's name is not found in FIR and he is in judicial custody from 23.05.2016 and prays for enlarging the petitioner on bail.
4.The learned Government Advocate(Crl.side) submitted that the petitioner murdered his wife and the investigation is completed and the charge sheet is yet to be filed.
5.Considering the facts and circumstances of the case and also considering the fact that the petitioner is in judicial custody from 23.05.2016, this Court is inclined to enlarge the petitioner on bail https://hcservices.ecourts.gov.in/hcservices/
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, Kamuthi, Ramanathapuram District.
(ii)the petitioner shall appear before the respondent Police daily at 10.00 am and 5.30 pm 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/- 05/08/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, KAMUTHI,RAMANATHAPURAM DISTRICT. 2 DO THRO THE CHIEF JUDICIAL MAGISTRATE,RAMANATHAPURAM DISTRICT. 3 THE SUPERINTENDENT,CENTRAL PRISON,MADURAI. 4 THE ADDL. PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
5 THE INSPECTOR OF POLICE,KAMUTHI POLICE STATION, RAMANATHAPURAM DISTRICT +1. CC to M/S.M.SUBASH BABU Advocate SR.No.42408.
ORDER
IN CRL OP(MD) No.13926 of 2016 Date :05/08/2016 https://hcservices.ecourts.gov.in/hcservices/ AM/AAL.MPA/SAR-I/05.08.2016/2P/7C