Madras High CourtCRL OP(MD)/2118/2016allowed

Suresh v. The Inspector Of Police

2016-02-05Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Fifth day of February Two Thousand Sixteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.2118 of 2016 I.SURESH ..PETITIONERS/ACCUSED NO.9 Vs.

STATE REP.BY THE INSPECTOR OF POLICE PARAMAKUDI TALUK POLICE STATION, RAMANATHAPURAM DISTRICT, CR NO.140 OF 2015. ... RESPONDENT/COMPLAINANT For Petitioner : M/S.T.LAJAPATHI ROY Advocate For Respondent : MR.A.P.BALASUBRAMANI, Govt. Advocate ( Crl. Side) 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 25.11.2015, for the offences punishable under Sections 341, 302 I.P.C., and subsequently altered into Sections 147, 148, 120(b), 109, 341, 201 and 302 I.P.C., r/w Section 3(1) T.N.P.P.D.L.Act, in Crime No.140 of 2015, on the file of the respondent police, seeks bail.

2. Heard Mr.T.Lajapathi Roy, learned counsel appearing for the petitioner / 9th Accused and Mr.A.P.Balasubramani, learned Government Advocate (Criminal Side) appearing for the State.

3. Taking into consideration the fact that the co-accused / 8th Accused has been enlarged on bail, this Court is of the view that this a fit case to grant bail to the petitioner / 9th Accused. Accordingly, he is ordered to be released on bail, subject to the following conditions:

(i) the petitioner / 9th Accused 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, Paramakudi.

(ii) the petitioner / 9th Accused shall report before the respondent police daily at 06.30 p.m., for a period of four weeks and thereafter as and when required for interrogation.

(iii) the petitioner / 9th Accused shall not tamper with evidence or witness either during investigation or trial.

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(iv) the petitioner / 9th Accused 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 / 9th Accused in accordance with law as if the conditions have been imposed and the petitioner / 9th Accused 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].

6. The Inspector of Police concerned is directed to send a compliance report to the office of the learned Government Advocate, as to whether the petitioner is complying with the condition or not. sd/- 05/02/2016 / TRUE COPY / Sub-Assistant Registrar TO 1 THE JUDICIAL MAGISTRATE, PARAMAKUDI.

2 -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM.

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

4 THE INSPECTOR OF POLICE PARAMAKUDI TALUK POLICE STATION, RAMANATYHAPURAM DISTRICT.

5 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

+1. CC to M/S T.LAJAPATHI ROY Advocate SR.No.7268 akm/05.02.2016/2p-7c/NGM/SS/SAR-I ORDER IN CRL OP(MD) No.2118 of 2016 Date :05/02/2016 https://hcservices.ecourts.gov.in/hcservices/