Esakkimuthu@Chempattaian v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the First day of August Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.13569 of 2018 ESAKKIMUTHU@CHEMPATTAIAN ... PETITIONER / ACCUSED NO.1 Vs STATE BY THE INSPECTOR OF POLICE.

RADHAPURAM POLICE STATION, VALLIYOOR, TIRUNELVELI DISTRICT.

(REF.CRIME NO.145 OF 2018) ... RESPONDENT / COMPLAINANT For Petitioner : Mr.P.SAMUEL GNASINGH Advocate For Respondent : Mr.A.P.G.OHM CHAIRMA PRABHU Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner is in judicial custody since 10.07.2018 for the offences punishable under Section 294(b) IPC, Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 and Section 3 of TNPPDL Act, 1992, in Crime No.145 of 2018, on the file of the respondent police. He seeks bail.

2.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondent.

3.Considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail with certain conditions. 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, Valliyoor, Tirunelveli;

https://hcservices.ecourts.gov.in/hcservices/ (ii)the petitioner is directed to appear before the respondent

police as and when required for interrogation; (iii)the petitioner shall not abscond; and (iv)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/- 01/08/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

MYR TO 1 THE JUDICIAL MAGISTRATE VALLIYOOR, TIRUNELVELI.

2 THE CHIEF JUDCIAL MAGISTRATE, TIRUNELVELI.

3 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI, TIRUNELVELI.

4 THE INSPECTOR OF POLICE RADHAPURAM POLICE STATION, VALLIYOOR, TIRUNELVELI DISTRICT.

5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to Mr.P.SAMUEL GNASINGH Advocate SR.No.14652 PS/PN/VK/01/08/2018:2P/7C

ORDER

IN CRL OP(MD) No.13569 of 2018 Date :01/08/2018 https://hcservices.ecourts.gov.in/hcservices/