Babu @ Fraud Babu v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Thirtieth day of March Two Thousand Sixteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.5470 of 2016 BABU @ FRAUD BABU ... PETITIONER / ACCUSED NO.3 Vs THE STATE REP.BY THE SUB INSPECTOR OF POLICE NORTH POLICE STATION, CR NO. 247/2016, TUTICORIN DISTRICT. ... RESPONDENT / COMPLAINANT For Petitioner : M/S S.BALAJI 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 13.03.2016 for the offences punishable under Sections 294(b), 307, 506 (ii) altered into 147, 148, 294(b), 307, 506(ii) IPC in Crime No.247 of 2016 on the file of the respondent police, seeks bail.

2. Heard Mr.S.Balaji, 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 and there is no previous case against the petitioner herein.

4. In view of the above, 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, Tuticorin. [ii] the petitioner shall report before the respondent police everyday at 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 https://hcservices.ecourts.gov.in/hcservices/

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 concerned 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 condition or not. sd/- 30/03/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II, TUTICORIN.

2 DO THRO THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN DISTRICT.

3 THE SUPERINTENDENT CENTRAL PRISON, PALAYAMKOTTAI.

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

5 THE SUB INSPECTOR OF POLICE NORTH POLICE STATION, TUTICORIN DISTRICT.

+1. CC to M/S SENTHIL SANKARA NATHA KUMAR Advocate SR.No.17909

ORDER

IN CRL OP(MD) No.5470 of 2016 Date :30/03/2016 AM/AAL.MPA/AR-I/31.03.2016/2P/7C https://hcservices.ecourts.gov.in/hcservices/