Sundu @ Sundareshwaran, v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fifth day of June Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.8066 of 2018 SUNDU @ SUNDARESHWARAN ... PETITIONER / SOLE ACCUSED Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE, MADAGUPATTI POLICE STATION, SIVAGAGAI DISTRICT.

(IN CRIME NO.56 OF 2018).

... RESPONDENT / COMPLAINANT For Petitioner : Mr.R.BALAMURUGANANTHAM Advocate For Respondent : Mr.A.P.G.OHM CHAIRMA PRABHU, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner is arrayed as the Sole Accused. He was arrested and remanded to judicial custody on 20.03.2018 for the offence punishable under Section 302 I.P.C. in Crime No.56 of 2018, on the file of the respondent police. He seeks bail.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondent police.

3.The investigation is must have been substantially over by now. The occurrence had taken place in Sivagangai District. However, the petitioner has his roots only in Thanjavur District. 4.The learned counsel appearing for the petitioner on instructions from the petitioner submitted that the petitioner shall appear before the respondent police on the first working day of every month. It has further been undertaken that this condition shall not be sought to be relaxed till committal proceedings are over.

https://hcservices.ecourts.gov.in/hcservices/ 5.It is open to the Trial Court to impose appropriate condition to ensure the presence of the petitioner for the purpose of trial.

Subject to this condition, 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 also: (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 Judicial Magistrate No.I, Sivagangai, Sivagangai District.

(ii)the petitioner is directed to appear before the respondent police as and when required for interrogation. (iii)the petitioner shall not abscond.

(iv)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/- 05/06/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.1, SIVAGANGAI, SIVAGANGAI DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.

3 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI, MADURAI DISTRICT.

4 THE INSPECTOR OF POLICE, MADAGUPATTI POLICE STATION, SIVAGAGAI DISTRICT.

5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to Mr.R.BALAMURUGANANTHAM Advocate SR.No.9498.

ORDER

IN CRL OP(MD) No.8066 of 2018 Date :05/06/2018 SDS/PN/ASVM/05.06.2018/2P/7C https://hcservices.ecourts.gov.in/hcservices/