Murali v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/06/2020 PRESENT The Hon`ble Dr.Justice G.JAYACHANDRAN Murali ... Petitioner/1st Accused Vs The State rep. by The Inspector of Police, Aranthangi Police Station, Aranthangi, Pudukottai District.

(Crime No.232 of 2020).

... Respondent/Complainant For Petitioner : M/s.K.C.Maniyarasu, Advocate.

For Respondent : Mr.R.Anandharaj, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.232 of 2020 on the file of the Respondent Police.

ORDER : The Court made the following order :- This petition has been filed by the petitioner/ accused seeking bail for the alleged offence punishable under Sections 294(b), 323,324,307,506(ii), 302 of IPC r/w. Section 4 of TNPHW Act.

2. The co- accused in this case is none other than the wife of the petitioner, who is still absconding.

3. The learned counsel for the petitioner would submit that for more than 90 days the petitioner is in custody and so far the prosecution has not filed any final report. Hence he is entitled for statutory bail.

4. The learned Additional Public Prosecutor would submit that the respondent police could not complete the investigation due to the abscondance of the co- accused who is none other than the wife of the petitioner herein and if the petitioner is released on bail, there is every scope for abscondance.

5. Considering the rival submissions, this Court is inclined to grant bail to the petitioner subject to the following conditions: 6.Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.50,000/- (Rupees Fifty 1/3

Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate,Aranthangi i) the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity;

ii) the petitioner shall stay at Trichy and report before Rock Fort Police Station daily at 10.30 a.m and 5.30 p.m. until further orders.

iii)the petitioner shall not tamper with evidence or witness. iv) the petitioner shall not abscond during 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) If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 29/06/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note:

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate/litigant concerned.

TO 1 THE JUDICIAL MAGISTRATE, ARANTHANGI.

2 -DO- THRO THE CHEIF JUDICIAL MAGISTRATE, PUDUKKOTTAI DISTRICT.

3 THE INSPECTOR OF POLICE ARANTHANGI POLICE STATION, ARANTHANGI, PUDUKOTTAI DISTRICT.

4 THE OFFICER INCHARGE PUDUKKOTTAI DISTRICT JAIL, PUDUKKOTTAI.

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5 THE INSPECTOR OF POLICE ROCK FORT POLICE STATION, TRICHY.

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

ORDER

IN CRL OP(MD) No.6812 of 2020 Date :29/06/2020 PD/VR/SAR 3/29.06.2020/3P/7C 3/3