Jayaseelan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Second day of March Two Thousand Sixteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.3092 of 2016 JAYASEELAN ... PETITIONER / ACCUSED No.3 Vs THE STATE REP.BY THE INSPECTOR OF POLICE THEPPAKULAM POLICE STATION, MADURAI ... RESPONDENT / COMPLAINANT (CRIME NO.1094 OF 2015) For Petitioner : M/S J.PRAVEEN 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 20.01.2016, for the offences punishable under Sections 364, 387, 448, 451, 294(b) and 506(ii) I.P.C., in Crime No.1094 of 2015, on the file of the respondent Police, seeks bail.

2. Heard Mr.J.Praveen, learned counsel appearing for the petitioner / third accused and Mr.A.P.Balasubramani, learned Government Advocate (Criminal Side) appearing for the State.

3. Taking into consideration the nature of allegations made against the petitioner / third accused, this Court is of the view that this is a fit case to grant bail to the petitioner / third accused. Accordingly, he is ordered to be released on bail, subject to the following conditions: (i) the petitioner / third 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.I, Madurai.

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

(iii) the petitioner / third accused shall not tamper with evidence or witness either during investigation or trial.

(iv) the petitioner / third 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 / third accused in accordance with law as if the conditions have been imposed and the petitioner / third accused https://hcservices.ecourts.gov.in/hcservices/

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].

4. 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/- 02/03/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.1, MADURAI.

2 DO THRO THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3 THE INSPECTOR OF POLICE, THEPPAKULAM POLICE STATION, MADURAI.

4 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

5 THE ADDL.PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S J.PRAVEEN Advocate SR.No.12099.

ORDER

IN CRL OP(MD) No.3092 of 2016 Date :02/03/2016 AM/AN.MP/SAR-I/03.03.2016/2P/7C https://hcservices.ecourts.gov.in/hcservices/