K.Mahesh v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Eighteenth day of August Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.15116 of 2016 K.MAHESH ... PETITIONER / SOLE ACCUSED Vs STATE REP. BY THE INSPECTOR OF POLICE AMMAPETTAI POLICE STATION, THANAJVUR DISTRICT.

CR. NO.27/2008 ... RESPONDENT / COMPLAINANT For Petitioner : M/S C.SUNDARAVADIVEL 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 31.05.2016 for the alleged offences punishable under Sections 294(b), 324 and 506(ii) IPC read with Section 3(I)(X) of SC/ST Act, in S.S.C.No.82 of 2010 on the file of the I-Additional District and Sessions Court (PCR), Thanjavur, and hence, seeks bail.

2.The learned counsel for the petitioner submitted that due to non-appearance before the learned I-Additional District and Sessions Judge (PCR), Thanjavur, non-bailable warrant was issued against him and the same was executed and the petitioner was arrested on 31.05.2016. He would further submit that the petitioner is an agricultural coolie and in search of job, he went to Tiruppur and he did not attend the Court. The petitioner is in judicial custody from 31.05.2016 and prayed for enlarge the petitioner on bail. 3.The learned counsel for the petitioner submitted that the petitioner will not abscond and he will regularly attend the trial Court in future.

4.The learned Government Advocate (Crl.side) submitted that the petitioner was already granted bail and subsequently he jumped out of bail and due to his non-appearance before the learned I-

Additional District and Sessions Judge (PCR), Thanjavur, nonbailable warrant has been issued against him and thereafter he was secured only on 31.05.2016. If the petitioner is enlarged on bail, again he will abscond and trial cannot be proceed with. 5.Considering the facts and circumstances of the case and also the nature of allegations against the petitioner and offences committed by him and he is in judicial custody from 31.05.2016, 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 I-Additional District and Sessions Judge (PCR), Thanjavur.

(ii)the petitioner shall report before the said Court daily at 10.30 a.m. for a period of four weeks and thereafter in all future hearings regularly.

(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/- 18/08/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE 1st ADDITIONAL DISTRICT AND SESSIONS JUDGE (PCR) THANJAVUR

2 THE OFFICER-IN-CHARGE, SUB JAIL, PAPANASAM, THANJAVUR 3 THE INSPECTOR OF POLICE AMMAPETTAI POLICE STATION, THANAJVUR DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S C.SUNDARAVADIVEL Advocate SR.No.45516

ORDER

IN CRL OP(MD) No.15116 of 2016 Date :18/08/2016 ps SH/GSV-PM/SAR-I:18.08.2016:3P/6C