Sundar Singh v. The Sub Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Sixth day of October Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice M.GOVINDARAJ CRL OP(MD) No.20500 of 2016 1 SUNDAR SINGH 2 ALBERT EDWINGKINGS ALIAS KINGS 3 DANIEL RAJA ALIAS KUMAR ... PETITIONERS/ACCUSED NOS.1,3 AND 4 Vs THE STATE REP BY THE SUB INSPECTOR OF POLICE THIRUVATTAR POLICE STATION, KANYAKUMARI DISTRICT, (CRIME NO.427 OF 2016) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.F.DEEPAK Advocate For Respondent : M/S.A.P.BALASUBRAMANIAN, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.
ORDER : The Court Made the following order :- The petitioners, who were arrested and remanded to judicial custody on 11.10.2016 for the offences punishable under Sections 341, 294(b), 324, 307, 323 and 506(ii) of Indian Penal Code in Crime No.427 of 2016 on the file of the respondent police, seek bail.
2. The case of the prosecution is that due to previous motive, the petitioners attacked the de-facto complainant and caused injuries on him.
3. The learned counsel appearing for the petitioners would submit that the petitioners are not committed any offence and they have been falsely implicated in this case.
4. Heard the learned Government Advocate(Crl. Side) appearing for the respondent, who would submit that injured had been discharged from the hospital.
5. Considering the facts and circumstances of the case, this Court is inclined to grant bail to the petitioners, with stringent conditions. Accordingly, the petitioners are ordered to be released https://hcservices.ecourts.gov.in/hcservices/
on bail on each of them executing 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, Padmanabhapuram, kanyakumari District and on further condition that: [a] the petitioners shall stay at Sattur and appear before the Sathur Taluk Police Station daily at 10.30 a.m., until further orders.
[b] the petitioners shall not tamper with evidence or witness either during investigation or trial.
[c] the petitioners shall not abscond either during investigation or trial.
[d] On breach of any of the aforesaid conditions, the learned 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 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]. [e] The Inspector of Police concerned is directed to send a compliance report to the Office of the learned Government Advocate (Criminal side), whether the petitioner is complying with the order or not.
sd/- 26/10/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1.THE JUDICIAL MAGISTRATE, PADMANABHAPURAM, KANYAKUMARI DISTRICT 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE KANYAKUMARI DISTRICT AT NAGERCOIL 3.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4.THE OFFICER-IN-CHARGE, SUB-JAIL AT NAGERCOIL, KANYAKUMARI DISTRICT 5.THE SUB INSPECTOR OF POLICE THIRUVATTAR POLICE STATION, KANYAKUMARI DISTRICT, 6.THE INSPECTOR OF POLICE, SATHUR TALUK POLICE STATION,SATTUR +1. CC to M/S.F.DEEPAK Advocate SR.No.63690 RL/8C/2P/GSV/PM/SARI/26.10.2016
ORDER
IN CRL OP(MD) No.20500 of 2016 Date :26/10/2016 https://hcservices.ecourts.gov.in/hcservices/