N.Raman v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Eighteenth day of May Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.V.MURALIDARAN CRL OP(MD) No.6229 of 2017 N.RAMAN ... PETITIONER/ ACCUSED NO.3 Vs STATE REP.BY THE INSPECTOR OF POLICE KALAIYARKOVIL POLICE STATION, SIVAGANGAI DISTRICT (CRIME NO.333 OF 2000) ... RESPONDENT / COMPLAINANT For Petitioner : M/S K.KUMARESAN Advocate For Respondent : MRS.S.PRABHA Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner is arrayed as accused No.3, who was arrested and remanded to judicial custody on 25.05.2016 for the alleged offences punishable under Sections 147, 148, 341, 324, 506(ii), 307 and 302 r/w. Section 34 I.P.C. in Crime No.333 of 2000, on the file of the respondent police and hence, seeks bail. 2.The learned counsel for the petitioner submitted that the petitioner was arrested in Crime No.333 of 2000 and subsequently, he was enlarged on bail. According to the petitioner, he had no knowledge about the hearing date and due to that, he did not attend the Court on that day and prayed for enlarge the petitioner on bail.

3.The learned Government Advocate (Crl.side) submitted that the respondent police completed the investigation and the case is pending in S.C.No.5 of 2005 before the Sessions Court, Sivagangai and the petitioner was already granted bail and subsequently, he jumped out of bail and he was absconding and due to his nonappearance, non-bailable warrant has been issued against him and thereafter, he was secured and the earlier petition for bail filed by him was dismissed for default, vide order dated 14.03.2017, made in Crl.O.P(MD)No.24216 of 2016.

4.Considering the facts and circumstances of the case and also the nature of allegations against the petitioner, this Court is inclined to enlarge the petitioner on bail with certain conditions. 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 learned Judicial Magistrate No.I, Sivagangai.

(ii)the petitioner shall report before the said Court 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/- 18/05/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

SMN2 TO 1 THE JUDICIAL MAGISTRATE NO.I, SIVAGANGAI 2 THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT 3 THE INSPECTOR OF POLICE,KALAIYARKOVIL POLICE STATION, SIVAGANGAI DISTRICT

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

5 THE SUPERINTENDENT,CENTRAL PRISON, TRICHY. GJM/KKR/SAR-3-24.5.17-3P-6C

ORDER

IN CRL OP(MD) No.6229 of 2017 Date :18/05/2017