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Madras High CourtCRL OP(MD)/7198/2017granted

Krishnaramanujam, v. The Sub Inspector Of Police,

2017-06-14Honourable Dr Justice G. Jayachandran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fourteenth day of June Two Thousand Seventeen PRESENT The Hon`ble Dr.Justice G.JAYACHANDRAN CRL OP(MD) No.7198 of 2017 KRISHNARAMANUJAM ... PETITIONER / ACCUSED NO.1 Vs THE STATE REP.BY, THE SUB INSPECTOR OF POLICE, AUNDIPATTI POLICE STATION, AUNDIPATTI, THENI DISTRICT.

(CR.NO.380/2017) ... RESPONDENT / COMPLAINANT For Petitioner : M/S. K. GOKUL Advocate For Respondent : MR.C.RAMESH Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner/1st accused, who was arrested and remanded to judicial custody on 29.05.2017, for the alleged offence, punishable under Sections 294(b), 353 & 506(i) IPC in Crime No.380 of 2017, on the file of the respondent/Police, seeks bail. 2.Heard Mr.K.Gokul, learned counsel appearing for the petitioner/accused and Mr.C.Ramesh, learned Additional Public Prosecutor appearing for the State.

3.The case of the prosecution is that this petitioner/1st accused along with one Ramana Prakash, marched into the Legal Aid Office, Aandipatti and used abusive & threatening language and raucous for nearly 25 minutes. At the request of advocates and other staff members present in the Legal Aid Office, they left the Legal Aid Premises.

4.The learned counsel for the petitioner submitted that this petitioner/1st accused was not at all present, at the alleged scene of occurrence, on that day and the complaint was also a motive one. The learned counsel for the petitioner further submitted that the co-accused namely, Ramana Prakash was already granted bail by the learned District Sessions Judge, Theni on 07.06.2017. 5.The learned Additional Public Prosecutor submitted that investigation was completed and final report was also filed before the Magistrate concerned on 31.05.2017.

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6.Considering the facts and circumstances of the case, 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 learned Chief Judicial Magistrate, Theni.

(ii) the petitioner shall report before the learned Chief Judicial Magistrate, Theni, 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/- 14/06/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE DISTRICT SESSIONS JUDGE, THENI.

2 THE CHIEF JUDICIAL MAGISTRATE, THENI.

3 THE SUB INSPECTOR OF POLICE, AUNDIPATTI POLICE STATION, AUNDIPATTI, THENI DISTRICT.

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

5 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

+1. CC to M/S. K. GOKUL Advocate SR.No.24086 ORDER IN CRL OP(MD) No.7198 of 2017 Date :14/06/2017 https://hcservices.ecourts.gov.in/hcservices/ MKV-CM-SAR 2/14.6.2017/2P-7C