Perumal v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Ninth day of May Two Thousand Eighteen PRESENT The Hon`ble Mrs.Justice R.THARANI CRL OP(MD) No.7651 of 2018 PERUMAL ... PETITIONER /SOLE ACCUSED Vs STATE REP.BY THE INSPECTOR OF POLICE, ALWARTHIRUNAGARI POLICE STATION, THOOTHUKUDI DISTRICT.

CRIME NO.61 OF 2018 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.D.SELVARAJ Advocate For Respondent : M/S.K.SUYAMBULINGA BHARATHI, Government Advocate(Crl.Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner was arrested and remanded to judicial custody on 23.04.2018 for the offences punishable under Sections 294(b), 323, 307 and 506(ii) of IPC, in Crime No.61 of 2018, on the file of the respondent police seeks bail.

2.The allegation against the petitioner is that on 23.04.2018 the petitioner abused the defacto complainant in filthy language, assaulted him and also threatened him with dire consequences. 3.On the side of the petitioner, it is stated that the petitioner is in judicial custody from 23.04.2018 and that during the time of occurrence no one was injured and hence, prayed that the petitioner to be released on bail.

4.On the side of the respondent, it is fairly admitted that no one was injured during the time of occurrence. 5.Considering the facts and circumstances of the case and also considering the fact that no one was injured during the time of occurrence and that the petitioner is in judicial custody from 23.04.2018, 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:

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(i)the petitioner 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, Srivaikundam, Tuticorin district.

(ii)the petitioner is directed to appear before the respondent police daily at 10.30 a.m. until further orders; (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; and (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/- 09/05/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE, SRIVAIKUNDAM, TUTICORIN DISTRICT.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN DISTRICT.

3. THE OFFICER INCHARGE, DISTRICT PRISON, PERURANI, TUTICORIN.

4. THE INSPECTOR OF POLICE, ALWARTHIRUNAGARI POLICE STATION, THOOTHUKUDI DISTRICT.

5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.D.SELVARAJ Advocate SR.No.8247

ORDER

IN CRL OP(MD) No.7651 of 2018 Date :09/05/2018 MS/CM/VK/10.05.2018/2P.7C https://hcservices.ecourts.gov.in/hcservices/