Bajjivayan @ Viji @ Vijay v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Seventeenth day of July Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.12128 of 2018 BAJJIVAYAN @ VIJI @ VIJAY ... PETITIONER/ACCUSED No.2 Vs STATE THROUGH, THE INSPECTOR OF POLICE AVANIYAPURAM POLICE STATION, MADURAI CITY.

IN CRIME NO.2104/2016. ... RESPONDENT/COMPLAINANT For Petitioner : MR.J.WILLIAM CHRISTOPHER, Advocate For Respondent : M/S.A.P.G.OHM CHAIRMA PRABHU, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner is in custody since 02.04.2018, following the issuance of non bailable warrant in P.R.C.No.89 of 2017 on the learned Judicial Magistrate No.VI, Madurai. He seeks bail. 2.The learned Government Advocate(Criminal side) pointed out that the petitioner is having four previous cases. If he absconds again, the committal proceedings will be indefinitely delayed. Till the committal proceedings are over, the petitioner shall appear before the respondent daily evening at 5.00 p.m. 3.The learned counsel for the petitioner on instructions undertakes that he will not apply for relaxation or modification subject to the conditions.

4. Taking note of the facts and circumstances of this case, this Court inclined to grant bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail, subject to the following conditions;

https://hcservices.ecourts.gov.in/hcservices/ (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 VI, Madurai.

(ii)the petitioner is directed to appear before the respondent police daily evening at 5.00 p.m.

(iii)on breach of any of the aforesaid conditions, the 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 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/- 17/07/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.VI, MADURAI 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI 3 THE INSPECTOR OF POLICE, AVANIYAPURAM POLICE STATION, MADURAI.

4 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI 5 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to MR.J.WILLIAM CHRISTOPHER Advocate SR.No.13216

ORDER

IN CRL OP(MD) No.12128 of 2018 Date :17/07/2018 PK/VR/GSR/17.07.2018 : 2P/7C https://hcservices.ecourts.gov.in/hcservices/