Annadurai v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twentieth day of May Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice B.GOKULDAS CRL OP(MD) No.8220 of 2016 ANNADURAI ... PETITIONER/SOLE ACCUSED Vs STATE REP.BY INSPECTOR OF POLICE THIRUMAYAM POLICE STATION, PUDUKOTTAI DISTRICT.

CRIME NO. 64/2013 ... RESPONDENT/COMPLAINANT FOR PETITIONER : M/S S.SANKARAPANDIAN, ADVOCATE FOR RESPONDENT : MRS.S.PRABHA 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 02.02.2016 for the offences punishable under Sections 364, 376(1), 302, 394 and 201 I.P.C. in Crime No.64 of 2013, on the file of the respondent police, seeks bail.

2. Heard the learned Counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for the State.

3. The learned counsel for the petitioner submitted that the petitioner is innocent and he has been under judicial custody for more than 110 days.

4. The learned Government Advocate (Crl.Side) submitted that the petitioner is sole accused and the case is pending before the trial Court in S.C.No.7 of 2014.

5. Taking into consideration the fact that the petitioner is under judicial custody for more than 110 days and the case is pending trial, this Court is inclined 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 for a like sum to the satisfaction of the learned District and Sessions Judge (Mahila Court), Pudukkottai;

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(ii) the petitioner shall appear before the trial Court daily at 10.30 a.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 himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. sd/- 20/05/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE DISTRICT AND SESSIONS JUDGE, (MAHILA COURT) PUDUKKOTTAI.

2. THE INSPECTOR OF POLICE, THIRUMAYAM POLICE STATION, PUDUKOTTAI DISTRICT.

3. THE OFFICER INCHARGE, SUB-JAIL, PUDUKKOTTAI.

4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S S.SANKARAPANDIAN Advocate SR.No.26692

ORDER

IN CRL OP(MD) No.8220 of 2016 Date :20/05/2016 PS TE/AAL-MPA/SAR-III/ : 20/05/2016 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/