Veldurai@Partheepan v. The Insepctor Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Fourth day of June Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.7796 of 2018 VELDURAI @ PARTHEEPAN ... PETITIONER /2nd ACCUSED Vs THE STATE REPRESENTED BY THE INSEPCTOR OF POLICE VEERAVANALLUR POLICE STATION, VEERAVANALLUR, TIRUNELVELI DISTRICT.

CRIME NO. 109 OF 2012.

... RESPONDENT / COMPLAINANT For Petitioner : Mr.C.D.JOHNSON Advocate For Respondent : Mr.A.ROBINSON, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner is charged for the offence punishable under Sections 341, 294(b), 323, 302 and 506(ii) IPC in Crime No.32 of 2016 on the file of the respondent Police. The petitioner is in custody pursuant to the issuance of Non-Bailable Warrant in S.C.No.668 of 2017 on the file of the IV-Additional District and Sessions Court, Tirunelveli. He seeks bail.

2.The learned counsel for the petitioner submitted that he has never absconded and as he could not appear in the present case, on account of arrest in some other case, Non-Bailable Warrant came to be issued.

3.The above said submissions of the petitioner's counsel are not controverted by the learned Government Advocate (Crl. Side) appearing for the respondent Police.

4.Taking note of all these aspects, this Court is inclined to enlarge the petitioner on bail 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, https://hcservices.ecourts.gov.in/hcservices/

each for a like sum to the satisfaction of the learned District Munsif cum Judicial Magistrate, Cheranmahadevi, Tirunelveli District.

(ii)the petitioner shall not abscond.

(iii)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/- 04/06/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, CHERANMAHADEVI, TIRUNELVELI DISTRICT.

2 DO THROUGH THE CHIEF JUDICIALMAGISTRATE, TIRUNELVELI DISTRICT.

3 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI.

4 THE INSEPCTOR OF POLICE VEERAVANALLUR POLICE STATION, VEERAVANALLUR, TIRUNELVELI DISTRICT.

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

+1. CC to Mr.C.D.JOHNSON Advocate SR.No.9403.

ORDER

IN CRL OP(MD) No.7796 of 2018 Date :04/06/2018 https://hcservices.ecourts.gov.in/hcservices/ SDS/RSK:SKN/VK/04.06.2018/2P/7C