Muthuramalingam, 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.5981 of 2017 MUTHURAMALINGAM ... PETITIONER/SINGLE ACCUSED Vs STATE REP.BY THE INSPECTOR OF POLICE, MUTHUKULATHUR POLICE STATION, IN CRIME NO.96 OF 2017.

RAMANATHAPURAM DISTRICT.

... RESPONDENT/ COMPLAINANT For Petitioner : M/S.R.VENKATESWARAN Advocate For Respondent : M/S.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, who was arrested and remanded to judicial custody on 11.04.2017, for the offences punishable under Sections 294(b), 324 and 307 I.P.C., in Crime No.96 of 2017, on the file of the respondent Police, seeks bail.

2. Heard Mr.R.Venkateswaran, learned counsel appearing for the petitioner and Mr.A.P.Balasubramani, learned Government Advocate (Criminal Side) appearing for the State.

3. The case of the prosecution is that on 11.04.2017, the petitioner attacked the de facto complainant.

4. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any such offence as alleged by the prosecution.

5. The learned Government Advocate appearing for the State submitted that the injured has been discharged from the Hospital.

6. Taking into consideration the facts and circumstances of this case, considering the gravity of offence said to have been committed by the petitioner and also the period of incarceration, this Court is of the view that this is a fit case to grant bail to the petitioner. Accordingly, he is ordered to be released on bail, subject to the following conditions:

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(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, Muthukulathur. (ii) the petitioner shall report before the respondent Police, daily at 10.30 a.m., until further orders.

(iii) the petitioner shall not tamper with 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 learned 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 learned 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, MUTHUKULATHUR.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM.

3. THE OFFICER INCHARGE,SUB JAIL, MUTHUKULATHUR.

4. THE INSPECTOR OF POLICE, MUTHUKULATHUR POLICE STATION, RAMANATHAPURAM DISTRICT.

5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.R.VENKATESWARAN Advocate SR.No.22415

ORDER

IN CRL OP(MD) No.5981 of 2017 Date :17/05/2017 MS/PN/SAR.3/19.05.2017/2P.7C https://hcservices.ecourts.gov.in/hcservices/