Madras High CourtCRL OP(MD)/1992/2017allowed

Ramar S/O. Veerana Thevar, v. The State Rep.By

2017-02-27Honourable Mr Justice A.M. Basheer Ahamed2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Seventh day of February Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.1992 of 2017 RAMAR ... PETITIONER/SOLE ACCUSED Vs THE STATE REP.BY THE SUB INSPECTOR OF POLICE, DINDIGUL PEW POLICE STATION, DINDIGUL DISTRICT.

CRIME NO.71 OF 2017 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.S.MUNIYANDI Advocate For Respondent : MR.P.KANDASAMY, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who was arrested and remanded to judicial custody on 25.01.2017, for the offences punishable under Section 4 (1-A) of TN Prohibition Act, in Crime No.71 of 2017, on the file of the respondent police, seeks bail.

2. The learned counsel appearing for the petitioner states that the petitioner is an innocent and he has not committed any offence, as alleged by the prosecution and the property was recovered from the petitioner herein by the respondent Police.

3. The learned Government Advocate (crl.side) appearing for the respondent states that the petitioner is the sole accused in this case and this is the second bail application of the petitioner and his earlier bail application in Crl.O.P(MD)No.1452 of 2017 was dismissed by this Court, considering the pendency of previous cases against him in the similar type of offences. He would further submit that investigation has been completed in this case.

4. Considering the above facts and circumstances of the case and also considering the period of incarceration of the petitioner in jail and the investigation has been completed, this Court is inclined to grant bail to the petitioner subject to certain conditions.

5. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/-(Rupees Ten https://hcservices.ecourts.gov.in/hcservices/

Thousand Only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Dindigul, and on further condition that:

[a] the petitioner shall report before the learned Judicial Magistrate No.I, Dindigul, daily at 10.30 a.m., until further orders.

[b] the petitioner shall not tamper with evidence or witness during trial.

[c] the petitioner shall not abscond during trial. [d] 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]. sd/- 27/02/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I,DINDIGUL.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL. 3 THE SUB INSPECTOR OF POLICE, DINDIGUL PEW POLICE STATION, DINDIGUL DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECTUOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

5 THE OFFICER IN CHARGE,DISTRICT PRISON, DINDIGUL. +1. CC to M/S.S.MUNIYANDI Advocate SR.No.10833

ORDER

IN CRL OP(MD) No.1992 of 2017 Date :27/02/2017 CSL/JM/SAR-I/27.02.2017 : 2P/7C https://hcservices.ecourts.gov.in/hcservices/