Madras High CourtCRL OP(MD)/12063/2019allowed

M. Abirami v. The Inspector Of Police

2019-09-03Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/09/2019 PRESENT The Hon'ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.12063 of 2019 M.Abirami ... Petitioner/Accused No.1 Vs The State rep.by Inspector of Police, Alanganallur Police Station, Madurai, (Crime No. 333/2018). ... Respondent/Complainant For Petitioner : M/s.R.Kannan, Advocate.

For Respondent : Mr.A.P.G.Ohm Chairma Prabhu, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No. 333/2018 on the file of the respondent police.

ORDER : The Court Made the following order :- The petitioner is in custody since 03.06.2019 for the offences under Section 341 and 307 IPC in Crime No.333 of 2018 on the file of the Inspector of Police, Alanganallur Police Station. He seeks bail.

2.Heard the learned counsel on either side.

3.The statutory period of ninety days has already expired and no final feport has been filed. Hence, the petitioner is entitled to bail as a matter of right. Accordingly, the petitioner is enlarged on bail subject to the following conditions;

[a]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 Judicial Magistrate, Vadipatti, Madurai District.

https://hcservices.ecourts.gov.in/hcservices/ [b]the petitioner is directed to appear before the respondent police as and when required for interrogation.

[c]the petitioner shall not abscond either during investigation or trial.

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[e]On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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]. [f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

sd/- 03/09/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE VADIPATTI, MADURAI DISTRICT 2 -DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

4 THE INSPECTOR OF POLICE ALANGANALLUR POLICE STATION, MADURAI

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

+1 CC to M/s.R.KANNAN, Advocate(SR-14607[I] dated 03/09/2019)

ORDER

IN CRL OP(MD) No.12063 of 2019 Date :03/09/2019 https://hcservices.ecourts.gov.in/hcservices/ SKM ES/PN/SAR 1/04.09.2019/2P/7C