Esakki v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Eighth day of April Two Thousand Seventeen PRESENT The Hon`ble Dr.Justice G.JAYACHANDRAN CRL OP(MD) No.5444 of 2017 ESAKKI ... PETITIONER / ACCUSED NO.2 Vs THE STATE, REP.BY ITS, THE INSPECTOR OF POLICE PULIYANGUDI POLICE STATION, TIRUNELVELI DISTRICT.

(CRIME NO.388 OF 2011) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.M.S.JEYAKARTHIK 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 petitioner/Accused No.2 was arrested and remanded to judicial custody on 08.04.2017 for the offences punishable under Sections 353, 379, 506(i) of IPC and Section 4(i), 4(ii) A r/w. 21 (1)(5) of Mines and Minerals Regulation Development Act, 1959 in Crime No.388 of 2011 on the file of the respondent police, seeks bail.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondent/State.

3. The learned counsel for the petitioner submitted that on 05.07.2016, there was a boycott of the Court by the counsels and hence, he was not able to appear and his counsel was not able to file petition under Section 317 of Cr.P.C.

4. The learned Government Advocate (Crl.side) submitted that due to absconding of the petitioner, the Magistrate has issued a Non Bailable Warrant on 05.07.2016, which was executed on 08.04.2017. The Sessions Court has denied bail taking note of the fact that the matter is pending from 2014 and this petitioner failed to appear before the Court on the date of hearing and remained absconded for more than eight months till he was secured by the police. He further submitted that because of the voluntary abscondance of the petitioner for eight months, the Sessions Court was not inclined to grant bail to the petitioner while other https://hcservices.ecourts.gov.in/hcservices/

petitioners regularly attended the Court. Due to long abscondance of the petitioner, the trial could not be completed. 5.Considering the facts and circumstances of the case, this Court is inclined to grant bail to the petitioner and 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, one shall be his father, each for a like sum to the satisfaction of the learned Judicial Magistrate, Sivagiri; (ii) the petitioner shall appear before the concerned Magistrate on all working days daily at 10.30 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/- 28/04/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

MR TO 1 THE JUDICIAL MAGISTRATE,SIVAGIRI 2 THE CHIEF JUDICIAL MAGISTRATE THIRUNELVELI DISTRICT 3 THE INSPECTOR OF POLICE PULIYANGUDI POLICE STATION, TIRUNELVELI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 5 THE OFFICER INCHEARGE,SUB JAIL, SANKARANKOVIL +1. CC to M/S.M.S.JEYAKARTHIK Advocate SR.No.21610 GJM/KKR/SAR-4-28.4.17-2P-7C

ORDER

IN CRL OP(MD) No.5444 of 2017 Date :28/04/2017 https://hcservices.ecourts.gov.in/hcservices/