Madras High CourtCRL OP(MD)/3781/2016ordered

Nallathambi v. The Inspector Of Police

2016-03-10Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Tenth day of March Two Thousand Sixteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.3781 of 2016 1 NALLATHAMBI 2 PANCHU ..PETITIONERS/ACCUSED 2 & 3 Vs.

STATE REP.BY THE INSPECTOR OF POLICE NATHAM POLICE STATION, DINDIGUL DISTRICT.

(CR.NO. 29 OF 2016) ... RESPONDENT/COMPLAINANT For Petitioners : M/S.D.SELVARAJ 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 petitioners, who were arrested and remanded to judicial custody on 21.02.2016 for the offences punishable under Sections 366(A) IPC in Crime No.29 of 2016 on the file of the respondent police, seek bail.

2. Heard Mr.D.Selvaraj, learned counsel appearing for the petitioner and Mr.A.P.Balasubramani, learned Government Advocate (Criminal Side) appearing for the State.

3.It is seen that A1 has been arrested on 26.02.2016 and the girl has been secured. The petitioners are parents of A1. Taking into consideration the facts and circumstances of the case, this Court is of the view that this a fit case to grant bail to the petitioners. Accordingly, the petitioners are ordered to be released on bail, subject to the following conditions:

(i) the petitioners 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 District Munsif cum Judicial Magistrate, Natham;

[ii] the petitioners shall report before the respondent police https://hcservices.ecourts.gov.in/hcservices/ every day at 6.30 p.m. until further orders.

[iii] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[iv] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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] The Inspector of Police concerned is directed to send a compliance report to the office of the learned Government Advocate (Crl. Side) as to whether the petitioners are complying with the condition or not.

sd/- 10/03/2016 / TRUE COPY / Sub-Assistant Registrar TO 1 THE DISTRICT MUNSIF-CUM- JUDICIAL MAGISTRATE, NATHAM. 2 -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE INSPECTOR OF POLICE,NATHAM POLICE STATION, DINDIGUL DISTRICT. 5 THE OFFICER-IN-CHARGE, DISTRICT JAIL, DINDIGUL.

6 THE OFFICER-IN-CHARGE, SUB-JAIL, NILAKOTTAI, DINDIGUL DISTRICT. +1. CC to M/S D.SELVARAJ Advocate SR.No.13458 akm/10.03.2016/2p-8c/MP/AN/SAR-I

ORDER

IN CRL OP(MD) No.3781 of 2016 Date :10/03/2016 https://hcservices.ecourts.gov.in/hcservices/