Mehanathan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/09/2019 PRESENT The Hon'ble Mr.Justice G.R.SWAMINATHAN Mehanathan ... Petitioner/Accused No.4 Vs The State through the Inspector of Police, Kabisthalam Police Station, Thanjavur District (Crime No.54 of 2019). ... Respondent/Complainant For Petitioner : M/s.R.Alagumani, 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.54 of 2019 on the file of the respondent. ORDER : The Court Made the following order :- Heard the learned counsel on either side.

2.The case was registered as early as on 16.07.2019. The petitioner surrendered before the respondent police on 20.07.2019 and he is in prison for more than 40 days. It is seen that A2 and A3 have already been granted bail.

3.That the learned Government Advocate (Criminal side) submitted that no previous case is registered against the petitioner.

4.Taking note of the facts and circumstances, 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;

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[a] the petitioner is ordered to be released on bail on his executing 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 Judicial Magistrate, Papanasam, Thanjavur District. [b] the petitioner shall report before the Inspector of Police, Kabisthalam Police Station, Thanjavur District, as and when required.

[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 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]. [f] If the accused thereafter absconds, 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, PAPANASAM THANJAVUR DISTRICT.

2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

3 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.

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4 THE INSPECTOR OF POLICE KABISTHALAM POLICE STATION, THANJAVUR DISTRICT

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

+1 CC to M/s.R.ALAGUMANI, Advocate ( SR-14781[I] dated 04/09/2019)

ORDER

IN CRL OP(MD) No.12295 of 2019 Date :03/09/2019 IAS ES/PN/SAR 3/04.09.2019/3P/7C 3/3