Manickanathan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Second day of December Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.23422 of 2016 MANICKANATHAN ... PETITIONER / SOLE ACCUSED Vs THE STATE REP BY THE INSPECTOR OF POLICE KADALADY POLICE STATION, RAMANATHAPURAM DISTRICT (CRIME NO.106 OF 2015) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.S.MUNIYANDI Advocate For Respondent : M/S.P.KANDASAMY, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.
ORDER : The Court Made the following order :- The petitioner / Accused was arrested on 18.07.2016 for the offences punishable under Sections 392, 397, 307 of I.P.C., @ 341, 392 r/w. 397 and 307 of I.P.C., in Crime No.106 of 2015 on the file of the respondent police, seeks bail.
2. The learned counsel for the petitioner states that the petitioner was arrested under Non-Bailable Warrant issued against him for his absence before the concerned Court in P.R.C.No.2 of 2016 and Non-Bailable Warrant was executed on 18.07.2016. 3.The learned Government Advocate (Crl.side) appearing for the respondent states that the petitioner was detained under Goondas Act and later on, the said detention was revoked by the Government as per order dated 06.10.2016.
4. Considering the facts and circumstances of the case, 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:
(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, Mudhukulathur.
(ii) the petitioner is directed to appear before the Jurisdictional Magistrate daily at 10.30 a.m. until further orders;
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(iii) the petitioner shall not tamper with the 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 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 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/- 22/12/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1.THE JUDICIAL MAGISTRATE MUDHUKULATHUR 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE RAMANATHAPURAM DISTRICT 3.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4.THE SUPERINTENDENT, CENTRAL PRISON, MADURAI 5.THE INSPECTOR OF POLICE KADALADY POLICE STATION, RAMNAD DISTRICT +1. CC to M/S.S.MUNIYANDI Advocate SR.No.82812 RL/7C/2P/EM/SARI/22.12.2016
ORDER
IN CRL OP(MD) No.23422 of 2016 Date :22/12/2016 https://hcservices.ecourts.gov.in/hcservices/