Balamurugan 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.6186 of 2017 BALAMURUGAN ... PETITIONER / SOLE ACCUSED Vs THE SUB INSPECTOR OF POLICE ERIODU POLICE STATION, DINDIGUL DISTRICT.

(CRIME NO. 87 OF 2017) ... RESPONDENT / COMPLAINANT For Petitioner : M/S. R. VENKATESAN Advocate For Respondent : MR.A.P.BALA SUBRAMANI, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner / sole accused, who was arrested on 12.04.2017, for the offences punishable under Sections 341, 294(b) and 307 IPC., in Crime No.87 of 2017, 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 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. 4.The learned Government Advocate(Crl. Side) submitted that no one injured in the occurrence and the petitioner has fourteen previous cases and in three cases he was acquitted. This petitioner has also detained under Tamil Nadu Act 14, 1982, and revoked. 5.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, Vedasandur;

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(ii)the petitioner is directed to appear before the learned Judicial Magistrate, Tiruthani, 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, VEDASANDUR, DINDIGUL DISTRICT 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT.

THE JUDICIAL MAGISTRATE, TIRUTHANI, DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THIRUVALLUR DISTRICT.

5 THE SUB INSPECTOR OF POLICE ERIODU POLICE STATION, DINDIGUL DISTRICT.

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

7 THE SUPERINTENDENT, THE DISTRICT PRISON, DINDIGUL +1. CC to M/S. R. VENKATESAN Advocate SR.No.22053

ORDER

IN CRL OP(MD) No.6186 of 2017 Date :17/05/2017 SVA/PN/18.05.2017/SAR4/2P/9C https://hcservices.ecourts.gov.in/hcservices/