Annamalai, v. The Sub 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.5837 of 2017 1 ANNAMALAI 2 MEENATCHI SUNDARAM ... PETITIONER / ACCUSED NO.1 & 2 Vs THE STATE REP.BY, THE SUB INSPECTOR OF POLICE, KARAIKUDI NORTH POLICE STATION, KARAIKUDI.
SIVAGANGAI DISTRICT.
(CRIME NO.204 OF 2017) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.AL.KANNAN 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 on 10.03.2017 for the offences punishable under Sections 120(b), 294(b), 364(A) IPC in Crime No.204 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 and hence, he opposed for granting bail to 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 the period of incarceration, this Court is inclined to grant bail to the petitioners. Accordingly, the https://hcservices.ecourts.gov.in/hcservices/
petitioners are ordered to be released on bail subject to the following conditions:
(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-Cum-Principal District Munsif, Karaikudi; (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.
TO 1 THE JUDICIAL MAGISTRATE -CUM-PRINCIPAL DISTRICT MUNSIF, KARAIKUDI.
2 THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT. 3 OFFICER IN CHARGE, SUB JAIL, PUDUKKOTTAI.
4 THE SUB INSPECTOR OF POLICE, KARAIKUDI NORTH POLICE STATION, KARAIKUDI.
SIVAGANGAI DISTRICT.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.AL.KANNAN Advocate SR.No.22050
ORDER
IN CRL OP(MD) No.5837 of 2017 Date :17/05/2017 https://hcservices.ecourts.gov.in/hcservices/ MKV-PN-SAR 3/18.5.2017/2P-7C