Ajay v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Nineteenth day of July Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.12017 of 2016 AJAY ... PETITIONER / ACCUSED No.A1 Vs State Represented by THE INSPECTOR OF POLICE THANGATCHIMADAM POLICE STATION, RAMNATHAPURAM DISTRICT, CR NO. 57 OF 2016. ... RESPONDENT / COMPLAINANT For Petitioner : M/S M.SENTHIL AYYANAR Advocate For Respondent : MR.P.KANNITHEVAN, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner is arrayed as accused No.1, who was arrested and remanded to judicial custody on 14.06.2016 for the alleged offences punishable under Sections 147, 148, 324 and 307 IPC, in Crime No.57 of 2016, on the file of the respondent police and hence, seeks bail. 2.It is submitted by the learned counsel for the petitioner that the petitioner is innocent person and he has not committed any offence and he has been falsely implicated in this case and prays for bail in favour of the petitioner.

3.It is submitted by the learned Government Advocate (Crl.Side) that the injured person had already been discharged from the hospital and the co-accused was granted anticipatory bail by this Court in Crl.O.P.(MD)No.11924 of 2016, dated 18.07.2016.

4.Considering the facts and circumstances of the case and also considering the fact that the petitioner is in judicial custody from 14.06.2016 and the injured person had already been discharged from the hospital and the co-accused was granted anticipatory bail by this Court in Crl.O.P(MD)No.11924 of 2016, dated 18.07.2016, 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 for a like sum to the satisfaction of the learned Judicial Magistrate, Rameswaram.

(ii) the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders.

(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].

5.The Inspector of Police concerned is directed to send a

compliance report to the office of the learned Government Advocate, as to whether the petitioner is complying with the condition or not. sd/- 19/07/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE RAMESWARAM 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT 3 THE INSPECTOR OF POLICE THANGATCHIMADAM POLICE STATION, RAMNATHAPURAM DISTRICT, 4 THE OFFICER IN-CHARGE BORSTAL SCHOOL, PUDUKOTTAI 5 THE THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S M.SENTHIL AYYANAR Advocate SR.No.37546 JAM/19.07.2016/SK-SKN/SARIII/3P-7C

ORDER

IN CRL OP(MD) No.12017 of 2016 Date :19/07/2016