The Madurai Bench of the Madras High Court granted bail to an accused person charged with offences under various IPC sections. The court noted a delay in arrest after a non-bailable warrant and concluded the petitioner intended to appear in court.
Petitioner ordered to be released on bail with a bond and sureties for Rs.25,000/
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )
Tuesday, the Twenty Seventh day of March Two Thousand Eighteen
PRESENT
The Hon`ble Mr.Justice R.PONGIAPPAN
CRL OP(MD) No.4781 of 2018
PERIYAKARUPPU ... PETITIONER/ACCUSED NO.57
STATE REP.BY
THE SUB INSPECTOR OF POLICE VILAMPATTI POLICE STATION, DINDIGUL DISTRICT (CR.NO.62 OF 2007) ... RESPONDENT / COMPLAINANT
For Petitioner : M/S.A.SARAVANAN Advocate
For Respondent : MR.K.SUYAMBULINGA BHARATHI,
Government Advocate ( Crl. Side)
PETITION FOR BAIL Under Sec. 439 Cr.P.C.
ORDER : The Court Made the following order :-
The petitioner, who is arrayed as accused No.57, was arrested and remanded to judicial custody on 16.02.2018 for the offence punishable under Sections 147, 148, 341, 323 and 307 IPC in Crime No.62 of 2007, on the file of the respondent police, seeks bail.
3.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he did not commit any offence as alleged by the prosecution and his name has been falsely implicated in this case. He further submitted that the petitioner is in judicial custody from 16.02.2018.
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5.The submissions made by the learned counsel appearing on either side are considered.
(i) the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Nilakottai.
(ii) the petitioner shall appear before the concerned Court daily at 10.00 a.m. until further orders.
(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/-
27/03/2018
/ TRUE COPY /
Sub-Assistant Registrar (C.S.) https://hcservices.ecourts.gov.in/hcservices/ Madurai Bench of Madras High Court, Madurai - 625 023.
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TRP TO
GJM/MM/PN/SAR-I-27.3.18-3P-7C
1 issue framed by the court
Whether the petitioner is a fit case for bail given the delay in his arrest after the issuance of a non-bailable warrant.
Colour shows how this judgement treated each authority
1 provisions across 1 enactments
PERIYAKARUPPU
STATE
R.PONGIAPPAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
