Madras High CourtCRL OP(MD)/3707/2017granted

Kaniyarasan, v. The Inspector Of Police,

2017-04-03Honourable Dr Justice G. Jayachandran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Third day of April Two Thousand Seventeen PRESENT The Hon`ble Dr.Justice G.JAYACHANDRAN CRL OP(MD) No.3707 of 2017 KANIYARASAN, . ... PETITIONER/ ACCUSED NO.1 Vs STATE THRO'

THE INSPECTOR OF POLICE, THIRUPPUVANAM POLICE STATION, SIVAGANGAI DISTRICT.

(CRIME NO.79 OF 2017) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.R.PRABU RAMACHADNRAN Advocate For Respondent : MR.K.V.RAJARAJAN Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner/Accused No. 1, who was arrested on 09.03.2017 for the offences punishable under Sections 147, 148, 294 (b), 324, 307 I.P.C., and Section 4 of TNWH Act and Section 3 of TNPPDL Act in Crime No.79 of 2017 on the file of the respondent police, seeks bail.

2.The learned counsel for the petitioner submits that the petitioner is an innocent person and he has been falsely implicated in this case.

3.The learned Government Advocate(crl. side) would submit that the victim who sustained injury, is discharged from the hospital and that the investigation is going on.

4. Considering the fact that the injured is discharged from the hospital, this Court is inclined to grant bail to the petitioner. 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, Manamadurai, Sivagangai District. (ii) the petitioner is directed to appear before the respondent police daily at 10.00 a.m. until further orders. https://hcservices.ecourts.gov.in/hcservices/

(iii) the petitioner shall not tamper with the 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 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 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/- 03/04/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TSG/MYR TO 1 THE JUDICIAL MAGISTRATE MANAMADURAI, SIVAGANGAI DISTRICT 2 THE CHIEF JUDICIAL MAGISTRATE SIVAGANGAI DISTRICT 3 THE INSPECTOR OF POLICE, THIRUPPUVANAM POLICE STATION, SIVAGANGAI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

5 THE SUPERINTENDENT CENTRAL PRISON, MADURAI +1. CC to M/S.R.PRABU RAMACHADNRAN Advocate SR.No.18758 GJM/PM/PN/SAR-3-3.4.17-2P-7C

ORDER

IN CRL OP(MD) No.3707 of 2017 Date :03/04/2017 https://hcservices.ecourts.gov.in/hcservices/