Madras High CourtCRL OP(MD)/6415/2016bail granted

Krishna Kumar v. The Inspector Of Police

2016-04-18Honourable Mr Justice G. Chockalingam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Eighteenth day of April Two Thousand Sixteen PRESENT The Hon`ble Mr Justice G.CHOCKALINGAM CRL OP(MD) No.6415 of 2016 KRISHNAKUMAR ... PETITIONER / ACCUSED No.2 Vs THE STATE REP.BY THE INSPECTOR OF POLICE KOVILPATTI WEST POLICE STATION, CR NO. 196 OF 2016, THOOTHUKUDI DISTRICT. ... RESPONDENT / COMPLAINANT For Petitioner : M/S S.MAYA PERUMAL Advocate For Respondent : M/S.KANNITHEVAN, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner is arrayed as second accused and he was arrested and remanded to judicial custody on 14.03.2016 for the alleged offence punishable under Section 3, 4, 5 of Explosives Substances Act, 1908 @ Section 302 r/w 34 IPC and 3, 4, 5 of Explosives Substances Act again @ Section 304 IPC and 3, 4, 5 of Explosives Substances Act in Crime No.196 of 2016 on the file of the respondent police and hence, seeks bail.

2.The learned counsel appearing for the petitioner would submit that the petitioner has no way connected with the offence and the petitioner is ready to produce substantial solvent sureties as directed by this Court and hence, the petitioner may be released on bail.

3.The learned Government Advocate (Crl. side) would submit that if the petitioner is released on bail he will tamper and hamper the witnesses and the petition has to be dismissed.

4. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) appearing for the State.

5. In this case, it is seen from FIR that the case was registered against two persons. The case was registered on 14.03.2016 and the accused was arrested by the police on the same day.

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6. Considering the facts and circumstances of the case and also considering the fact that the petitioner is in judicial custody for more than 30 days, this Court is inclined to grant bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail on executing 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 Judicial Magistrate No.II, Kovilpatti, Thoothukudi District, and on further condition that the petitioner shall appear before the respondent police daily at 10.30 a.m and 5.30 p.m until further orders without fail. If the petitioner is not complied the said condition, the respondent police is at liberty to take steps to cancel the bail granted to the petitioner.

sd/- 18/04/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II, KOVILPATTI, THOOTHUKUDI DISTRICT.

2 DO THRO'THE CHIEF JUDICIAL MAGISTRATE THOOTHUKUDI.

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

4 THE INSPECTOR OF POLICE KOVILPATTI WEST POLICE STATION, THOOTHUKUDI DISTRICT.

5 THE SUPERINTENDENT CENTRAL PALAYAMKOTTAI.

+1. CC to M/S S.MAYA PERUMAL Advocate SR.No.21584 RG.JGB-DP/AR-I 18.04.2016 2P.7C

ORDER

IN CRL OP(MD) No.6415 of 2016 Date :18/04/2016 https://hcservices.ecourts.gov.in/hcservices/