Senthilkumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17/09/2019 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN Senthilkumar ... Petitioner/Sole Accused Vs State Represented by the Inspector of Police, Town Police Station, Pudukkottai District (In Crime No.224 of 2016). ... Respondent/Complainant For Petitioner : M/s.M.M.Iqbal, 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.224 of 2016 on the file of the respondent police.

ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondent.

2. The petitioner is in custody since 27.05.2019 for the offences under sections 457 and 380 of I.P.C., in Crime No.224 of 2016, on the file of the respondent police. Hence, he seeks bail.

3. The petitioner was absconding for an year. Hence, NBW was issued against him on 29.05.2018. He was arrested and remanded to judicial custody on 27.05.2019.

4.The petitioner's counsel on instructions gives an undertaking that the petitioner will attend all the future hearing without any default. If he is unable to appear, his counsel will represent him 1/3

and file a petition under Section 317 of Cr.P.C. On account of the petitioner, the trial will not be stalled henceforth. If this undertaking is breached, the order now passed will stand automatically vacated and the petitioner will be remanded to custody.

5. Recording the said submission, I am 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 Judicial Magistrate No.I, Pudukkottai District.

(ii) the petitioner is directed to appear before the respondent police as and when required for the interrogation. (iii) 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/- 17/09/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I PUDUKKOTTAI DISTRICT.

2 -DO-THRO-THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI DISTRICT.

3 THE SUPERINTENDENT CENTRAL PRISON, TRICHY.

4 THE INSPECTOR OF POLICE TOWN POLICE STATION, PUDUKKOTTAI DISTRICT

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

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+1 CC to M/s.M.M.IQBAL, Advocate ( SR-15632[I] dated 17/09/2019)

ORDER

IN CRL OP(MD) No.12870 of 2019 Date :17/09/2019 ias ES/PN/SAR 2/17.09.2019/3P/7C 3/3