Ramkumar @ Ramu v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Seventh day of November Two Thousand Sixteen PRESENT The Hon`ble Mr Justice S.VAIDYANATHAN CRL OP(MD) No.21052 of 2016 RAMKUMAR @ RAMU ... PETITIONER / ACCUSED No.4 Vs THE STATE REP.BY THE INSPECTOR OF POLICE, ALWARKURICHI POLICE STATION, TIRUNELVELI CRIME NO.260 OF 2012 ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.S.MOORTHY, Advocate For Respondent : M/S.S.PRABHA, Govt. Advocate (Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.
ORDER : The Court Made the following order :- The petitioner / A4, who was arrested on 17.06.2015 for the offences punishable under Sections 148, 294(b), 324, 307, 506(ii) IPC r/w Section 3(1)(x) of SC / ST (POA) Act, in Crime No.260 of 2012 on the file of the respondent police, seeks bail. 2.Due to communal clash, a case in Crime No.260 of 2012 has been registered against the petitioner and others and a charge sheet has been filed before the Judicial Magistrate, Ambasamudram in P.R.C.No.77 of 2015. Thereafter, the petitioner was enlarged on bail by the court below. As the petitioner did not appear before the lower court, non bailable warrant was issued against him and hence, he was arrested on 17.12.2015. On 25.07.2015 the court below has granted interim bail to the petitioner in Crl.M.P.No.1372 of 2015.
Since the petitioner did not comply with the conditions imposed therein, again non bailable warrant was issued and he was arrested on 17.06.2015 and remanded to judicial custody. The petitioner filed a petition in Cr.M.P.No.1497 of 2016 for granting bail before the II Additional Sessions Judge, Tirunelveli (PCR). However, the learned Sessions Judge dismissed the said petition on 27.07.2016. Hence, the petitioner is before this Court. 3.Heard the learned Government Advocate(Crl. Side) on the above submission.
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4.Considering the facts and circumstances of the case and also taking note of the fact that the petitioner is in custody from 26.07.2016 onwards, 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 II Additional Sessions Judge PCR, Tirunelveli;
(ii)the petitioner is directed to appear before the court concerned on all hearings and he shall not left Tamil Nadu without obtaining prior permission from the trial court;
(iii)the petitioner shall not tamper with the 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 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 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/- 07/11/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE II ADDITIONAL SESSIONS JUDGE (PCR), TIRUNELVELI. 2 -DO-THRO' THE PRINCIPAL SESSIONS JUDGE,TIRUNELVELI. 3 THE JUDICIAL MAGISTRATE, AMBASAMUDRAM, TIRUNELVELI DISTRICT. 4 -DO-THRO' THE CHIEF JUDICIAL MAGISTRATE,TIRUNELVELI. 5 THE INSPECTOR OF POLICE,ALWARKURICHI POLICE STATION, TIRUNELVELI 6 THE SUPERINTENDENT,CENTRAL PRISON, PALAYAM KOTTAI. 7 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.S.MOORTHY, Advocate SR.No.66388. ORDER IN CRL OP(MD) No.21052 of 2016 Date :07/11/2016 msm/sk-skn/sar-j/07.11.16/p2/9c https://hcservices.ecourts.gov.in/hcservices/