Johnson Kumar v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Sixth day of October Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice B.GOKULDAS CRL OP(MD) No.18073 of 2016 JOHNSON KUMAR ... PETITIONER/ACCUSED No.12 Vs THE STATE REP.BY THE INSPECTOR OF POLICE, SAMAYAPURAM POLICE STATION, TRICHY CR. NO. 665 OF 2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.V.ILLANCHEZIAN Advocate For Respondent : M/S.A.P.BALASUBRAMANI Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.
ORDER : The Court Made the following order :- The petitioner is arrayed as accused No.12, who was arrested and remanded to judicial custody on 04.09.2016 for the alleged offences punishable under Sections 147, 148, 341 and 302 IPC altered into Sections 147, 148, 341, 302 r/w 120(b) IPC, in Crime No.665 of 2015, on the file of the respondent police and hence, seeks bail. 2.The case of the prosecution is that due to previous motive, the petitioner along with other accused assaulted the husband of the defacto complainant with aruval and deadly weapons and he died on the spot. On complaint, case has been registered for the above said offences.
3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. The petitioner is in judicial custody from 04.09.2016.
4.The learned Government Advocate (Crl. side) submitted that investigation is almost over and no previous case is pending against the petitioner.
5.Considering the facts and circumstances of the case and also considering the fact that the petitioner is in judicial custody from 04.09.2016, this Court is inclined to enlarge the petitioner on bail https://hcservices.ecourts.gov.in/hcservices/
with certain conditions. 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 No.III, Trichy.
(ii) the petitioner shall report before the said Court daily at 10.30 a.m., until further orders. (iii) the petitioner shall not tamper with 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 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].
6.The Inspector of Police concerned is directed to send a compliance report to the office of the learned Government Advocate, as to whether the petitioner is complying with the condition or not. sd/- 06/10/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE NO.III,TRICHY.
2 DO THRO THE CHIEF JUDICIAL MAGISTRATE,TRICHY DISTRICT. 3 THE ADDL.PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
4 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY. 5 THE INSPECTOR OF POLICE,SAMAYAPURAM POLICE STATION, TRICHY +1. CC to M/S.V.ILLANCHEZIAN Advocate SR.No.59612
ORDER
IN CRL OP(MD) No.18073 of 2016 Date :06/10/2016 https://hcservices.ecourts.gov.in/hcservices/ AM/GSV.PM/SAR-III/06.10.2016/2P/7C