Mallipattinam Imran @ v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Seventeenth day of April Two Thousand Seventeen PRESENT The Hon`ble Dr.Justice G.JAYACHANDRAN CRL OP(MD) No.4410 of 2017 MALLIPATTINAM IMRAN @ MOHAMED IMRAN ... PETITIONER/ACCUSED NO.9 Vs STATE REP.BY, THE INSPECTOR OF POLICE COLACHEL POLICE STATION, KANYAKUMARI DISTRICT CRIME NO.382 OF 2015 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.V.SATHISH 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 petitioners/accused No.9, was arrested and remanded to judicial custody on 24.02.2017 for the offences punishable under Sections 307 IPC @ 147, 148, 120(b), 153 (A) and 307 of I.P.C., in Crime No.382 of 2015 on the file of the respondent police, seek bail.
2. The case of the petitioner is that in Crime No.382 of 2015, he was granted anticipatory bail by this Court on 19.05.2016 in Crl.O.P.(MD).No.8181 of 2016. Due to certain intervening circumstances, he could not avail the anticipatory bail by surrendering him before the Magistrate and produce surety. Therefore, extension of time was sought for and Court was also inclined to extend the time for surrender by 10 days from the date of receipt of the order copy, on payment of Rs.500/- to the District Legal Services Authority, Nagercoil. This order came to be passed in Crl.M.P.(MD).No.899 of 2017 dated 18.02.2017. Meanwhile, this petitioner was arrested in another case and produced before the Magistrate in this case under P.T. Warrant. In the said
circumstances, formal arrest was shown by order dated 25.02.2017. This has forced the petitioner to seek regular bail through this petition.
3. The learned Government Advocate (Crl.side) submits that this petitioner has been granted bail in the previous case and so far as the present case is concerned, investigation has been completed and P.R.C.No.3 of 2016 has been assigned by the learned Judicial Magistrate, Eraniel.
4. The learned counsel for the petitioner submits that this petitioner hails from Pattukottai, Thanjavur District and nothing to do with the alleged crime.
5. In view of the gravity of the allegations made against him, 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, Eraniel, Kanyakumari District, (ii) the petitioner shall report before the Pattukottai Town Police Station once in a week ie., on every Monday at 10.00 a.m., until further orders, except on the date of hearing;
(iii) The petitioners shall not abscond either during investigation or trial;
(iv) 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. sd/- 17/04/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE,ERANIEL, KANYAKUMARI DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT AT NAGERCOIL.
3 THE INSPECTOR OF POLICE COLACHEL POLICE STATION, KANYAKUMARI DISTRICT.
4 THE INSPECTOR OF POLICE, PATTUKOTTAI TOWN POLICE STATION, PATTUKOTTAI. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
6 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI. +1. CC to M/S.V.SATHISH Advocate SR.No.20190 AKV CSL/PM-PN/SAR-IV/17.04.2017 : 3P/8C
ORDER
IN CRL OP(MD) No.4410 of 2017 Date :17/04/2017