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Madras High CourtCRL OP(MD)/2580/2016ordered

Ponraj @ Ponnaiah v. The Inspector Of Police

2016-02-12Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twelfth day of February Two Thousand Sixteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.2580 of 2016 PONRAJ @ PONNAIAH ... PETITIONER/SOLE ACCUSED Vs STATE REP.BY THE INSPECTOR OF POLICE THANJAVUR TALUK POLICE STATION, THANJAVUR DISTRICT.

CR NO.150/2015. ... RESPONDENT/COMPLAINANT For Petitioner : M/S.M.SUBASH BABU 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 18.04.2015, for the offences punishable under Sections 294(b), 392 and 506(ii) I.P.C., r/w Section Section 3(1) of P.P.D.L. Act, in Crime No.150 of 2015, on the file of the respondent Police, seeks bail.

2. Heard Mr.M.Subash Babu, learned counsel appearing for the petitioner / Accused and Mr.A.P.Balasubramani, learned Government Advocate (Criminal Side) appearing for the State.

3. It is seen that after the petitioner was arrested in Crime No.150 of 2015, he was detained under goondas order and the detention order was revoked by this Court, vide order, dated 11.01.2016, in H.C.P.(MD) No.1506 of 2015.

4. In view of the above, this Court is of the view that this is a fit case to grant bail to the petitioner / Accused. Accordingly, he is ordered to be released on bail, subject to the following conditions:

(i) the petitioner / 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 No.II, Thanjavur District.

(ii) the petitioner / Accused shall report before the respondent Police daily at 06.30 p.m., until further orders.

(iii) the petitioner / Accused shall not tamper https://hcservices.ecourts.gov.in/hcservices/

with evidence or witness either during investigation or trial.

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

5. 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/- 12/02/2016 / TRUE COPY / Sub-Assistant Registrar TO 1 THE JUDICIAL MAGISTRATE NO.II, THANJAVUR DISTRICT.

2 -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR AT KUMBAKONAM.

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

4 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.

5 THE INSPECTOR OF POLICE THANJAVUR TALUK POLICE STATION, THANJAVUR DISTRICT.

+1. CC to M/S M.SUBASH BABU Advocate SR.No.8647 akm/12.02.2016/ 2p-7c/jgb/dp/SAR-I

ORDER

IN CRL OP(MD) No.2580 of 2016 Date :12/02/2016 https://hcservices.ecourts.gov.in/hcservices/