Madras High CourtCRL OP(MD)/6203/2020ordered

Pushparaj v. The Insepctor Of Police

2020-06-12Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/06/2020 PRESENT The Hon'ble Mr.Justice G.R.SWAMINATHAN

1. Pushparaj

2. Vengatachalam

3. Vignesh ... Petitioner/Accused No.1 to 3 Vs The State rep. by The Insepctor of Police, Vadakadu Police Station, Pudukkottai District.

Cr.No 279 of 2020. ... Respondent/Complainant For Petitioners : M/s. D.Rameshkumar, Advocate.

For Respondent : Mr.A.Robinson, Government Advocate (Criminal Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- To enlarge the Petitioners/Accused on bail in Cr.No.279 of 2020, pending investigation on the file of the Respondent. ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioners and the learned Government Advocate(Criminal Side) appearing for the respondent.

2. The petitioners are arrayed as accused 1 to 3. They were arrested and remanded to Judicial Custody on 13.05.2020 for the offences punishable under sections 294(b), 323, 324, 307 r/w 269 of I.P.C., and Section 51(b) of DM Act, in Crime No.279 of 2020 on the file of the respondent police. They seek bail.

3. The learned Government Advocate (Criminal Side) would point out that the victim was seriously injured and hospitalized for few weeks.

4. The petitioners undertake to pay a sum of Rs.20,000/- as medical expenses to the victim. This is without prejudice to their defence in the criminal case. The Court below shall take steps to hand over the same through the respondent to the victim directly.

5. Subject to the aforesaid conditions, I am inclined to enlarge the petitioners on bail. Accordingly, the petitioners are ordered to be released on bail and further, (i) the petitioners shall be released on own bond by the Magistrate without insisting on sureties. However, the petitioners are directed to 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 Principal District and Sessions Judge, Alangudi, after the concerned Court is reopened. (ii) the petitioners are directed to appear before the respondent police as and when required for interrogation.

(iii) 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/- 12/06/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

1. THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, ALANGUDI.

2. THE OFFICER IN CHARGE, DISTRICT PRISON, PUDUKKOTTAI.

3. THE INSEPCTOR OF POLICE, VADAKADU POLICE STATION, PUDUKKOTTAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.6203 of 2020 Date :12/06/2020 DAS SRS/ JC/ SAR-II/ 15.06.2020/ 3P/5C