Nilasankar @ Sankar v. The Inspector Of Police

CRL OP(MD). No.13111 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/09/2019 PRESENT The Hon'ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.13111 of 2019 Nilasankar @ Sankar ... Petitioner/Sole Accused Vs The State, rep.by Inspector of Police, Kumbakonam West Police Station, Thanjavur District.

(Crime No. 199 of 2019). ... Respondent/Complainant For Petitioner : M/s.T.Senthil Kumar, 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. 199 of 2019 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 15.07.2019 for the offence punishable under section 302 of I.P.C., in Crime No.199 of 2019 on the file of the respondent police. He seeks bail.

3. The victim is none other than the petitioner's son. It is seen that the victim had earlier murdered his own mother ie., wife of the petitioner herein.

4. Taking note of the family circumstances and the age of the petitioner and the period of incarceration, 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;

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CRL OP(MD). No.13111 of 2019 (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 No.II, Kumbakonam.

(ii)the petitioner shall appear before the respondent police as and when required for interrogation.

(iii) the petitioner shall not tamper with evidence or witness either during investigation or trial.

(iv) the petitioner shall not abscond either during investigation or trial.

[v] 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]. [vi] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 20/09/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II, KUMBAKONAM. 2 -DO-THRO-THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

3 THE SUPERINTENDENT,CENTRAL PRISON, TRICHY. 4 THE INSPECTOR OF POLICE KUMBAKONAM WEST POLICE STATION, THANJAVUR DISTRICT. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT,MADURAI.

+1 CC to M/s.T.SENTHIL KUMAR, Advocate ( SR-15958[I] dated 20/09/2019 ) ORDER IN CRL OP(MD) No.13111 of 2019 Date :20/09/2019 RMI ES/PN/SAR 3/20.09.2019/2P/7C https://hcservices.ecourts.gov.in/hcservices/ 2/2