Sudhakar, v. The Sub Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Second day of December Two Thousand Sixteen PRESENT The Hon`ble Mr Justice S.VAIDYANATHAN CRL OP(MD) No.22787 of 2016 SUDHAKAR, ... PETITIONER / ACCUSED No.25 Vs State through THE SUB INSPECTOR OF POLICE, TIRUCHULI POLICE STATION, VIRUDHUNAGAR DISTRICT CR.NO. 157 OF 2012 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.V.B.SUNDHARESHWAR Advocate For Respondent : Mrs.S.Prabha, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner / A25, who was arrested on 21.11.2016 for the offences punishable under Sections 147, 148, 294(b), 341, 323, 353, 336 IPC r/w Section 3(i) of TNPPDL Act, in P.R.C.No.8 of 2014 on the file of the Judicial Magistrate, Aruppukkottai, seeks bail. 2.The petitioner stated that after conducting investigation, the respondent Police filed charge sheet and the same was taken on file in in P.R.C.No.8 of 2014 by the Judicial Magistrate, Aruppukkottai. Due to non appearance of the petitioner, non bailable warrant was issued against the petitioner and that the petitioner was arrested and remanded to judicial custody. 3.The learned counsel for the petitioner submitted that the petitioner will appear before the Court on all future hearings without fail.

4.Heard the learned Government Advocate (Crl. Side) on the above submission.

5.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:

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(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 Judicial Magistrate, Aruppukkottai;

(ii)the petitioner is directed to appear before the Court concerned in all future hearings;

(iii)the petitioner shall not tamper with the evidence or witness either during trial;

(iv)the petitioner shall not abscond either during 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/- 02/12/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, ARUPPUKKOTTAI 2 -do-thro THE CHIEF JUDICIAL MAGISTRATE VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR 3 THE OFFICER INCHARGE SUB JAIL, ARUPPUKKOTTAI 4 THE SUB INSPECTOR OF POLICE, TIRUCHULI POLICE STATION, VIRUDHUNAGAR DISTRICT 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.V.B.SUNDHARESHWAR Advocate SR.No.78602 sm:GSV-PM:SAR 1:02/12/2016:2P/7C

ORDER

IN CRL OP(MD) No.22787 of 2016 Date :02/12/2016 https://hcservices.ecourts.gov.in/hcservices/