Narayanan v. The Inspector Of Police

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.5849 of 2017 1 NARAYANAN 2 SERVAIKKARAN 3 VALLATHARASU ... PETITIONERS / ACCUSED NO.1 TO 3 Vs THE INSPECTOR OF POLICE SAYALGUDI POLICE STATION, RAMANATHAPURAM DISTRICT, (REF.CRIME NO.106/2017) ... RESPONDENT / COMPLAINANT For Petitioner : M/S. M.MURALI 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 petitioners / accused, who were arrested for the offences punishable under Sections 294(b), 324, 323 and 307 IPC in Crime No.106 of 2017 on the file of the respondent police, seek bail. 2.Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.side) appearing for the respondent / Police.

3.The learned counsel for the petitioners would submit that the petitioners are no way connected with the crime and they are innocent persons and they have been falsely implicated in this case. 4.The learned Government Advocate (Crl. Side) submitted that the petitioners have committed serious offence and investigation is yet to be completed. He also submitted that injured person has been discharged from the hospital and there is no previous case is pending against the petitioners.

5.Considering the facts and circumstances of the case and considering the gravity of offence said to have been committed by the petitioners and also injured person has been discharged from the hospital, this Court is inclined to grant bail to the petitioners. Accordingly, the petitioners are ordered to be released on bail subject to the following conditions:

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(i)the petitioners 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 Judicial Magistrate, Mudhukulathur;

(ii)the petitioners are directed to appear before the respondent police daily at 10.30 a.m. until further orders; (iii)the petitioners shall not tamper with the evidence or witness either during investigation or trial; (iv) the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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.

NBJ TO 1 THE JUDICIAL MAGISTRATE,MUDHUKULATHUR 2 THE CHIEF JUDICIAL MAGISTRATE RAMANATHAPURAM DISTRICT 3 THE INSPECTOR OF POLICE SAYALGUDI POLICE STATION, RAMANATHAPURAM DISTRICT, 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 5 THE OFFICER INCHARGE DISTRICT JAIL, RAMANTHAPURAM +1. CC to M/S. M.MURALI Advocate SR.No.22299 GJM/PN/SAR-3-18.5.17-2P-7C

ORDER

IN CRL OP(MD) No.5849 of 2017 Date :17/05/2017 https://hcservices.ecourts.gov.in/hcservices/