Madras High CourtCRL OP(MD)/5657/2017allowed

Sunil Kumar @ Sunilraj, v. The Inspector Of Police,

2017-05-17Honourable Mr Justice M.V. Muralidaran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Seventeenth day of May Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.V.MURALIDARAN CRL OP(MD) No.5657 of 2017 SUNIL KUMAR @ SUNILRAJ ... PETITIONER / SOLE ACCUSED Vs THE STATE REP.BY, THE INSPECTOR OF POLICE, KARUNGAL POLICE STATION, NAGERCOIL, KANYAKUMARI DISTRICT.

(CR.NO.164 OF 2017) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.M.SRIDHARAN Advocate For Respondent : MR.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/sole accused, who was arrested on 17.04.2017, for the offences punishable under Sections 294(b), 354 and 307 IPC., in Crime No.164 of 2017, on the file of the respondent police, seeks bail.

2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) appearing for the respondent / Police.

3.The learned counsel for the petitioner would submit that the petitioner is no way connected with the crime and he is an innocent person and he has been falsely implicated in this case. 4.The learned Government Advocate(Crl. Side) submitted that the injured discharged and the petitioner has no previous cases. 5.Considering the facts and circumstances of the case and considering the gravity of offence said to have been committed by the petitioner, this Court is inclined to grant bail to the petitioner. 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 https://hcservices.ecourts.gov.in/hcservices/

District Munsif cum Judicial Magistrate, Eraniel, Kanyakumari District;

(ii) the petitioner is directed to appear before the learned Judicial Magistrate No.I, Madurai, daily at 10.30 a.m., for 15 days and thereafter appear only on receipt of summons from the concerned court;

(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 himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005) AIR SCW 5560].

sd/- 17/05/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, ERANIL, KANYAKUMARI DISTRICT.

2 THE JUDICIAL MAGISTRATE NO.I, MADURAI.

3 THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT AT NAGERCOIL.

4 THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT. 5 OFFICER IN CHARGE, CENTRAL JAIL AT DISTRICT JAIL, NAGERCOIL.

6 THE INSPECTOR OF POLICE, KARUNGAL POLICE STATION, NAGERCOIL, KANYAKUMARI DISTRICT. 7 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.M.SRIDHARAN Advocate SR.No.22066

ORDER

IN CRL OP(MD) No.5657 of 2017 Date :17/05/2017 https://hcservices.ecourts.gov.in/hcservices/ MKV-MSA-SAR 4/18.5.2017/2P-9C