Murugan @ Murugesan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Nineteenth day of May Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice B.GOKULDAS CRL OP(MD) No.7936 of 2016 MURUGAN @ MURUGESAN ... PETITIONER /SOLE ACCUSED Vs STATE, REP.BY THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, ALANGUDI, PUDUKKOTTAI DISTRICT.
(CR.NO. 4/2016) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S T.VEERAKUMAR Advocate For Respondent : MRS.S.PRABHA 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 05.03.2016, for the offences punishable under Sections 3 and 4 of POSCO Act, Section 376(i) of I.P.C in Crime No.4 of 2016, on the file of the respondent Police, seeks bail.
2. Heard the learned counsel appearing for the petitioner / Accused and the learned Government Advocate (Criminal Side) appearing for the State.
3. The learned counsel for the petitioner submitted that the petitioner is innocent and he has not committed any offence. The petitioner has been in judicial custody for more than 75 days.
4. The learned Government Advocate (Criminal Side) appearing for the State submitted that investigation is over. She also submitted that this is the second bail petition and the first bail petition was dismissed on 20.04.2016. She further submitted that the petitioner has undergone medical examinations.
5. Taking into consideration the nature of allegations made against the petitioner / Accused and the period of remand, this Court is of the view that this is a fit case to grant bail to the petitioner / Accused. Accordingly, he is ordered to be released on bail, subject to the following stringent conditions: https://hcservices.ecourts.gov.in/hcservices/
(i) the petitioner / Accused 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, Alangudi.
(ii)the petitioner / Accused shall report before the concerned Trial Court daily at 10.30 a.m. Until further orders.- (iii) the petitioner / Accused shall not tamper with evidence or witness either during investigation or trial.
(iv)the petitioner / Accused 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 / Accused in accordance with law as if the conditions have been imposed and the petitioner / Accused 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].
sd/- 19/05/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE,ALANGUDI 2 THE CHIEF JUDICIAL MAGISTRATE,PUDUKOTTAI 3 THE INSPECTOR OF POLICE,ALL WOMEN POLICE STATION, ALANGUDI, PUDUKKOTTAI DISTRICT.
4 THE OFFICER IN CHARGE, DISTRICT PRISON, PUDUKOTTAI 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT,MADURAI +1. CC to M/S D.RAMESHKUMAR Advocate SR.No.26557 GJM/NGM/AN/SAR-II-19.5.16-2P-7C
ORDER
IN CRL OP(MD) No.7936 of 2016 Date :19/05/2016 https://hcservices.ecourts.gov.in/hcservices/