Abubakkar Sithik v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Seventh day of April Two Thousand Sixteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.5212 of 2016 ABUBAKKAR SITHIK ..PETITIONER/ACCUSED No.7 Vs.

STATE REP.BY THE INSPECTOR OF POLICE THUCKALAY POLICE STATION, KANYAKUMARI DISTRICT.

CR NO. 122/2016.

..RESPONDENT/COMPLAINANT For Petitioner : M/S S.M.A. JINNAH Advocate For Respondent : Mr.A.P.BALASUBRAMANI, Government 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 08.02.2016 for the offences punishable under Sections 147, 120(b), 307 r/w 116 IPC in Crime No.122 of 2016 on the file of the respondent police, seeks bail.

2. Heard Mr.S.M.A.Jinnah, 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 the injured has been discharged from the hospital.

4. Taking into consideration the nature of the allegations in the FIR against the petitioner herein and the injured has been discharged, 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, No.II, Nagercoil. [ii] the petitioner shall stay at Trichy and report before the Cantonment Police Station 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.

[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 https://hcservices.ecourts.gov.in/hcservices/

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/- 07/04/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II, NAGERCOIL, KANYAKUMARI DISTRICT. 2 -do-thro'THE CHIEF JUDICIAL MAGISTRATE,KANYAKUMARI AT NAGERCOIL. 3 THE ADDL.PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT,MADURAI. 4 THE INSPECTOR OF POLICE, THUCKALAY POLICE STATION, KANYAKUMARI DISTRICT.

5 THE OFFICER-IN-CHARGE, TRICHY CONTONMENT POLICE STATION, TRICHY. 5 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI, TIRUNELVELI DISTRICT.

+1. CC to M/S S.M.A. JINNAH Advocate SR.No.19718 ORDER IN CRL OP(MD) No.5212 of 2016 Date :07/04/2016 PBK/SK-SKN/SAR-I 07/04/2016 ::2P-8C:: (IT) https://hcservices.ecourts.gov.in/hcservices/