Muthuramalingam, v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Fourth day of May Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice C.V.KARTHIKEYAN CRL OP(MD) No.6344 of 2017 MUTHURAMALINGAM ... PETITIONER / ACCUSED NO.6 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE, ABIRAMAM POLICE STATION, KAMUTHI TALUK, RAMANATHAPURAM DISTRICT.
(CRIME NO.53 OF 2006) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.P.T.RAMESH RAJA Advocate For Respondent : MR.K.ANBARASAN Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.
ORDER : The Court Made the following order :- The petitioner/accused No.6, who was arrested and remanded to judicial custody on 25.10.2016 for the offence punishable under Section 120(b), 307, 395 r/w. 397 of I.P.C., in Crime No.53 of 2006 on the file of the respondent police, seek bail.
2. The trial is in progress in S.C.No.28 of 2007 on the file of the Additional District Judge, (Fast Track Court), Paramakudi, Ramanathapuram District.
3. The learned Government Advocate (Criminal side) would submit that the prosecution have been examined nearly all the witnesses and Investigation Officer alone has to be examined. At that stage, the petitioner has absconded. The learned Government Advocate (Criminal side) expressed his apprehension that the petitioner, who had several other cases against him would definitely abscond permanently.
4. Considering the facts and circumstances of the case, this Court grants bail to the petitioner 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 Kamudhi;
https://hcservices.ecourts.gov.in/hcservices/
(ii) the petitioner shall report before the trial Court on all working days at 10.30 a.m. and on all hearing dates without fail;
(iii) The petitioner shall not abscond either during investigation or trial;
(iv) 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/- 24/05/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, KAMUDHI.
2 THE CHIEF JUDICIAL MAGISTRATE, RAMANTHAPURAM DISTRICT. 3 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.
4 THE INSPECTOR OF POLICE, ABIRAMAM POLICE STATION, KAMUTHI TALUK, RAMANATHAPURAM DISTRICT.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.P.T.RAMESH RAJA Advocate SR.No.22610
ORDER
IN CRL OP(MD) No.6344 of 2017 Date :24/05/2017 MKV-PN-SAR 3/24.5.2017/2P-7C https://hcservices.ecourts.gov.in/hcservices/