Elakiyavendan, v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Fifth day of April Two Thousand Seventeen PRESENT The Hon`ble Dr.Justice G.JAYACHANDRAN CRL OP(MD) No.4993 of 2017 ELAKIYAVENDAN ... PETITIONER/ ACCUSED NO.1 Vs STATE REP.BY THE INSPECTOR OF POLICE SENGIPATTI POLICE STATION, THANJAVUR DISTRICT.

(CR.NO.77/2017) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.S.RAJAPRABU Advocate For Respondent : M/S K.V.RAJARAJN, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner/A1 was arrested and remanded to judicial custody on 11.04.2017 for the offences punishable under Sections 147, 148, 341, 323, 324, 506(ii) of IPC., read with Section 3(1) of TNPPDL Act, in Crime No.77 of 2017 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 10.04.2017, when the defacto complainant by name Muruganandam was travelled in his motorcycle at about 4.00 p.m. Near Palayapatti Rice Mill, due to previous motive, the accused waylaid the defacto complainant and attacked him with wooden log and also damaged his motorbike and threatened him with dire consequences.

4. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that the petitioner is no way connected in this occurrence and prays for bail.

5. Heard the learned Government Advocate (Crl.Side).

6. Considering the facts and circumstances of the case, this Court is inclined to grant bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail on the following conditions;

https://hcservices.ecourts.gov.in/hcservices/ (i) the petitioner shall deposit Rs.2000/- to the credit of Crime No.76 of 2017;

(ii) 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, Thanjavur;

(ii) the petitioner shall report before the respondent police daily at 05.30 p.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;

(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.

sd/- 25/04/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE NO.III,THANJAVUR.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR AT KUMBAKONAM.

3. THE SUPERINDENT,CENTRAL PRISON,TRICHY.

4. THE INSPECTOR OF POLICE SENGIPATTI POLICE STATION, THANJAVUR DISTRICT.

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

+1. CC to M/S.S.RAJAPRABU Advocate SR.No.20966

ORDER

IN CRL OP(MD) No.4993 of 2017 Date :25/04/2017 MS/PM.PN/SAR.2/25.04.2017/2P.7C https://hcservices.ecourts.gov.in/hcservices/