Ramesh v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fifth day of April Two Thousand Sixteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.4944 of 2016 RAMESH ... PETITIONER / ACCUSED No.1 Vs THE STATE REP.BY THE INSPECTOR OF POLICE MELATOOR POLICE STATION, THANJAVUR DISTRICT, CR NO. 07/2016.

... RESPONDENT/ COMPLAINANT For Petitioner : M/S B.JAMEEL ARASU 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 18.01.2016 for the offences punishable under Sections 294 (b), 323, 324, 506(ii) and 302 IPC in Crime No.07 of 2016 on the file of the respondent police, seeks bail.

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

3. This is the 2nd bail application and the 1st bail application was dismissed by this Court in Crl.O.P.(MD) No.4026 of 2016 on 07.03.2016 on the ground that the investigation is still at a very early stage. The learned Government Advocate (Crl. Side) submitted that sufficient progress has been made in the investigation. Taking into consideration the facts and circumstances of the case, this Court is of the view that it is a fit case to grant bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail, subject to the following conditions: (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 learned Judicial Magistrate, Thiruvaiyaru, Thanjavur District.

[ii] the petitioner shall report before the respondent police every day at 10.30 a.m. and 6.30 p.m. until further orders. [iii] the petitioner shall not tamper with evidence or witness either during investigation or trial.

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[iv] the petitioner 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 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] The Inspector of Police is directed to send compliance report to the office of the learned Government Advocate (Crl. Side) as to whether the petitioner is complying with the conditions or not.

sd/- 05/04/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, THIRUVAIYARU, THANJAVUR DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE THANJAVUR AT KUMBAKONAM.

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

4 THE INSPECTOR OF POLICE MELATOOR POLICE STATION,THANJAVUR DISTRICT.

5 THE SUPERINTENDENT CENTRAL PRISON, TRICHY. +1. CC to M/S B.JAMEEL ARASU Advocate SR.No.18906

ORDER

IN CRL OP(MD) No.4944 of 2016 Date :05/04/2016 RG.SK-SKN/SAR-I 05.04.2016 2P/7C https://hcservices.ecourts.gov.in/hcservices/