Madras High CourtCRL OP(MD)/5896/2017allowed

Ganesan 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.5896 of 2017 GANESAN ... PETITIONER / SOLE ACCUSED Vs THE STATE REP.BY, THE INSPECTOR OF POLICE, SIVAGANGAI TONW POLICE STATION, SIVAGANGAI DISTRICT.

(CRIME NO.348/2017) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.J.JEYAKUMARAN 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 / accused, who was arrested on 22.04.2017 for the offences punishable under Section 174 Cr.P.C. @ 306 IPC in Crime No.348 of 2017 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that due to wordy quarrel between the deceased and one Murugan, the petitioner abused the deceased. Due to which, the deceased committed suicde. 3.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) appearing for the respondent / Police.

4.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. 5.The learned Government Advocate(Crl. Side) submitted that the petitioner has committed serious offence and he opposed for granting bail to the petitioner.

6.Considering the facts and circumstances of the case and considering the gravity of offence said to have been committed by the petitioner and also the period of incarceration, this Court is inclined to grant bail to the petitioner. Accordingly, the https://hcservices.ecourts.gov.in/hcservices/

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 Judicial Magistrate No.I, Sivagangai;

(ii)the petitioner is directed to appear before the respondent police daily at 10.30 a.m. 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 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 NO.I,SIVAGANGAI.

2 THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT 3 OFFICER IN CHARGE, SUB JAIL, SIVAGANGAI.

4 THE INSPECTOR OF POLICE SIVAGANGAI TONW POLICE STATION, SIVAGANGAI DISTRICT. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.J.JEYAKUMARAN Advocate SR.No.22173

ORDER

IN CRL OP(MD) No.5896 of 2017 Date :17/05/2017 MKV-MSA-SAR 3/18.5.2017/2P-7C https://hcservices.ecourts.gov.in/hcservices/