Madras High CourtCRL OP(MD)/3769/2017granted

Thangakrishnan v. The Sub-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.3769 of 2017 1 THANGAKRISHNAN 2 ANTONY MICHAEL DENIT ... PETITIONERS/ ACCUSED NO.2 & 5 Vs STATE REP.BY THE SUB-INSPECTOR OF POLICE KOODANKULAM POLICE STATION, TIRUNELVELI DISTRICT.

CRIME NO.56/2017 ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.S.DHAYALAN Advocate For Respondent : M/S.K.V.RAJARAJAN, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners/Accused Nos.2 &5 who were arrested on 14.03.2017 for the offences punishable under Sections 147, 148, 447, 294(b), 436 and 506(ii) of I.P.C in Crime No.56 of 2017 on the file of the respondent police, seek bail.

2.The learned counsel for the petitioners submits that the petitioners are innocent persons and they have been falsely implicated in this case.

3.The learned Government Advocate(Crl. Side) appearing for the respondent on instructions submitted that the investigation is going on.

4. Considering the facts and circumstances of the case, this Court is inclined to grant bail to the petitioners. Accordingly, the petitioners are ordered to be released on bail subject to the following conditions:

(i) the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Valliyoor.

(ii) the petitioners shall deposit Rs.50,000/- (Rupees Fifty Thousand only) before the learned Judicial Magistrate, Valliyoor.

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(iii) the petitioners are directed to appear before the respondent police daily at 10.00 a.m. until further orders. (iv) the petitioners shall not tamper with the evidence or witness either during investigation or trial; (iv) the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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.

TO 1.THE JUDICIAL MAGISTRATE, VALLIYOOR.

2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI. 3.THE SUPERINDENT, CENTRAL PRISON, PLAYANKOTTAI.

4.THE SUB-INSPECTOR OF POLICE KOODANKULAM POLICE STATION,TIRUNELVELI DISTRICT. 5.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.S.DHAYALAN Advocate SR.No.18948

ORDER

IN CRL OP(MD) No.3769 of 2017 Date :03/04/2017 MS/PM.PN/SAR.4/03.04.2017/2P.7C https://hcservices.ecourts.gov.in/hcservices/