Thangadurai@Loorthu Asir v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fourth day of February Two Thousand Sixteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.2011 of 2016 THANGADURAI @ LOORTHU ASIR ... PETITIONER/ACCUSED NO.2 Vs.

STATE REP.BY THE INSPECTOR OF POLICE MUKKUDAL POLICE STATION, IN CR.NO. 8 OF 2016, TIRUNELVELI DISTRICT. ... RESPONDENT/COMPLAINANT For Petitioner : M/S S.BALAMURUGAN Advocate For Respondent : MR.C.MAYIL VAHANA RAJENDRAN, Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who was arrested and remanded to judicial custody on 25.01.2016 for the offences punishable under Sections 147, 148, 294(b), 324, 323, 307 and 506(ii) IPC in Crime No.8 of 2016 on the file of the respondent police, seeks bail.

2. Heard Mr.S.Balamurugan, learned counsel appearing for the petitioner and Mr.C.Mayilvahana Rajendran, learned Additional Public Prosecutor appearing for the State.

3. It is submitted by the learned Additional Public Prosecutor that the injured had been discharged from the hospital.

4. Taking into consideration the fact that the injured had been discharged from the hospital, this Court is of the view that it is a fit case 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 learned Judicial Magistrate Cheranmahadevi, Tirunelveli District;

[ii] the petitioner shall report before the respondent police every day at 6.30 p.m. for a period of two weeks and thereafter as and when required for interrogation.

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[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]. [vi] The Inspector of Police concerned is directed to send compliance report to the office of the learned Government Advocate (Crl. Side) as to whether the petitioner is complying with the condition or not.

sd/- 04/02/2016 / TRUE COPY / Sub-Assistant Registrar TO 1 THE JUDICIAL MAGISTRATE, CHERANMAHADEVI, TIRUNELVELI DISTRICT.

2 -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

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

4 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI.

5 THE INSPECTOR OF POLICE MUKKUDAL POLICE STATION, TIRUNELVELI DIST.

+1. CC to M/S S.BALAMURUGAN Advocate SR.No.6795 akm/04.02.2016/ 2p-7c/NGM/SS/SAR-I

ORDER

IN CRL OP(MD) No.2011 of 2016 Date :04/02/2016 https://hcservices.ecourts.gov.in/hcservices/