Madras High CourtCRL OP(MD)/18225/2016ordered

Sasikumar v. The Sub Inspector Of Police

2016-09-23Honourable Mr Justice C. T. Selvam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Third day of September Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice C.T.SELVAM CRL OP(MD) No.18225 of 2016 SASIKUMAR ... PETITIONER /ACCUSED Vs THE SUB INSPECTOR OF POLICE ABIRAMAM POLICE STATION, RAMANATHAPURAM DISTRICT. CR. NO.124/2009 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.S.SARAVANA KUMAR 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 :- Petitioner, who was arrested by the respondent police on 09.09.2016, for offences punishable under Section 3(1) TNPPDL Act in Cr.No.124 of 2009 on the file of respondent police, seeks bail.

2. It is alleged in the complaint that public property was damaged during campaign of Devar Guru Pooja.

3. Learned counsel for petitioner submits that after completion of investigation, charge sheet stands filed and taken on file in P.R.C.No.6 of 2011 and since the petitioner was working at abroad, he was unable to appear before the court and Non Bailable Warrant stands issued against him on 30.04.2013. On execution of Non Bailable Warrant, he was arrested on 09.09.2016.

4. Heard learned Government Advocate (Crl.Side) on the above submission.

5. Considering the facts and circumstances of the case, this Court is inclined to release the petitioner on bail. Accordingly, the petitioner is ordered to be released on bail on his executing a bond in a sum of Rs.10,000/-(Rupees ten thousand only) with two sureties each for the like sum to the satisfaction of learned Judicial Magistrate, Kamuthi, and on condition that the petitioner shall appear before the learned Judicial Magistrate, Kamuthi, daily at 10.30.a.m on all working days.

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6. It is informed that totally there are 22 accused in this case and 3 accused had gone absconding and the petitioner is one of such absconding accused and hence, committal proceedings had been help up.

Considering the same, the learned Judicial Magistrate,Kamuthi, shall consider splitting up of the case as against this petitioner and also other accused before him towards committal. Upon committal, the petitioner shall be required to appear before the trial Court for all hearings except where his presence is dispensed with under Section 317 Cr.P.C. sd/- 23/09/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, KAMUTHI.

2 THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM. 3 THE SUB INSPECTOR OF POLICE, ABIRAMAM POLICE STATION, RAMANATHAPURAM DISTRICT.

4 THE OFFICER INCHARGE, SUB JAIL, MUTHUGULATHUR. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.S.SARAVANA KUMAR Advocate SR.No. 55470 JA-SS-2-SAR.I/26.09.2016/2P:7C ORDER IN CRL OP(MD) No.18225 of 2016 Date :23/09/2016 https://hcservices.ecourts.gov.in/hcservices/