Rajesh @ Ramaiyarajan 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)Nos.5997 and 5998 of 2017 RAJESH @ RAMAIYARAJAN ... PETITIONER/ACCUSED No.11 in BOTH THE PETITIONS Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE, SIVAGANGAI TOWN - POLICE STATION, CRIME NO.207 OF 2016 ... RESPONDENT / COMPLAINANT IN CRL OP(MD) No.5997 of 2017 CRIME NO.509 OF 2016 ... RESPONDENT / COMPLAINANT IN CRL OP(MD) No.5998 of 2017 For Petitioner : Mr.D.BALAMURUGAPANDI Advocate in both the petitions For Respondent : Mr.A.P.BALASUBRAMANI, Govt. Advocate ( Crl. Side) in both the petitions PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner/accused No.11, who was arrested on 14.07.2016, for the offences punishable under Sections 457,449,397,307 & 120(b) IPC and 392, 397 and 506(ii) IPC., in Crime Nos.207 and 509 of 2016, on the file of the respondent police, seeks bail. 2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) appearing for the respondent / Police.

3.The case of the prosecution is that on 23.03.2016, the petitioner/accused and others involved in the said crime and the petitioner has been arrested on 14.07.2016 and on the same day he was remanded to judicial custody.

4.The learned counsel for the petitioner submitted that at the time of occurrence the petitioner was working in Singapore and the petitioner is no way connected with the crime as alleged by the

prosecution 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 two previous cases and he was detained under Tamil Nadu Act 14, 1982 and subsequently, the detention order was quashed. 6.Considering the facts and circumstances of the case and considering the gravity of offence said to have been committed by the petitioner, 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:

(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, Sivagangai District;

(ii)the petitioner is directed to appear before the learned Judicial Magistrate No.II, Madurai, 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 , SIVAGANGAI DISTRICT 2 THE JUDICIAL MAGISTRATE NO.II, MADURAI 3 THE CHIEF JUDICIAL MAGISTRATE 4 THE CHIEF JUDICIAL MAGISTRATE, MADURAI

5 THE INSPECTOR OF POLICE, SIVAGANGAI TOWN - POLICE STATION, 6 THE THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT,MADURAI.

7 THE SUPERINTENDENT CENTRAL PRISON, MADURAI +2. CC to Mr.D.BALAMURUGAPANDI Advocate SR.No.22112 JAM/18.05.17/MSA/SAR 4 / 3P-10C

ORDER

IN CRL OP(MD) Nos.5997 & 5998 of 2017 Date :17/05/2017