Murugan v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Second day of December Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.17213 of 2017 MURUGAN ... PETITIONER/ ACCUSED NO.1 Vs STATE :
THE INSPECTOR OF POLICE, PANAVADALICHATRAM POLICE STATION, TIRUNELVELI DISTRICT, CRIME NO.292/2017 ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.S.R.A.RAMACHANDHRAN Advocate For Respondent : MR.K.ANBARASAN Government Advocate ( Crl. Side) For Intervener : MR.C.SARAVANA KUMAR, Advocate PETITION FOR BAIL Under Sec. 439 Cr.P.C.
ORDER : The Court Made the following order :- The petitioner/Accused No.1, who was arrested and remanded to judicial custody on 26.11.2017 for the alleged offences punishable under Sections 294(b), 355, 324 and 307 of I.P.C., in Crime No.292 of 2017, on the file of the respondent police, seeks bail.
2. The case of the prosecution is that on 26.11.2017, due to the civil dispute, the petitioner and other accused persons attacked the defacto complainant using aruval, thereby the defacto complainant sustained injuries. Based on the complaint, a case has been registered against the petitioner and other accused persons for the above said offences.
3.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Moreover, the petitioner has no specific overtact and he is no way connected with the crime and hence, he prays for bail. He further submitted that the petitioner has been falsely implicated in this case.
4.The learned Government Advocate (Criminal side) appearing for the State, on instructions, would submit that the injured has been discharged from the hospital and the investigation is still pending.
5. Considering the facts and circumstances of the case and the stage of investigation and also considering the fact that the injured has been discharged from the hospital, I am inclined to grant bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail, subject to the following certain conditions;
(i) the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like-sum to the satisfaction of the learned Judicial Magistrate, Sankarankovil, Tirunelveli District; (ii) the petitioner shall report before the respondent police, daily between 10.00 a.m., and 11.00 a.m., for a period of four weeks;
(iii) the petitioner shall not tamper with evidence or witness either during investigation or trial; (iv) the petitioner shall make himself available for interrogation including custodial interrogation as and when required by the investigation officer;
(v) the petitioner shall not commit any offence while on bail;
(vi) 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 and the bail granted stands cancelled automatically.
sd/- 22/12/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE SANKARANKOVIL, TIRUNELVELI DISTRICT 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI DISTRICT 3 THE INSPECTOR OF POLICE,PANAVADALICHATRAM POLICE STATION, TIRUNELVELI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
5 THE SUPERINTENDENT CENTRAL PRISON, PALAYAMKOTTAI. +1. CC to M/S.S.R.A.RAMACHANDHRAN Advocate SR.No.36852 PJL GJM/RM/SAR-I-22/12/2017-3P-7C
ORDER
IN CRL OP(MD) No.17213 of 2017 Date :22/12/2017