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Madras High CourtCRL OP/9751/2017granted

Karthi, 24 Years, v. The State Rep By Its,

2017-05-18Honourable Mr Justice V. Bharathidasan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Eighteenth day of May Two Thousand Seventeen PRESENT The Hon`ble Mr Justice V. BHARATHIDASAN CRIMINAL ORIGINAL PETITION No.9751 of 2017 1 KARTHI, [ PETITIONERS / ACCUSED ] 2 MANIKANDAN, 3 THOMAS @ RAJESH @ RAJESHKUMAR, 4 PASUPATHI, Vs THE STATE REP BY ITS, [ RESPONDENT ] THE INSPECTOR OF POLICE, NAGAPATTINAM TOWN POLICE STATION, NAGAPATTINAM, DISTRICT CR.NO.100 OF 2017.

For Petitioner : M/S.P.BABU Advocate For Respondent : MR.K.MATHAN Govt. Advocate ( Crl. Side) PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- Heard both sides.

2.The petitioners, who were arrested and remanded to judicial custody on 23.02.2017 for the alleged offences punishable under Sections 147, 148, 341, 294(b), 324, 302 I.P.C. and 3(1) of TNPPDL Act in Crime No.100 of 2017 on the file of the respondent police, seek bail.

3.The petitioners are arrayed as accused 1 to 4. The case of the prosecution is that the petitioners suspecting that the deceased has stolen the pigs, waylaid the deceased and attacked him and caused his death.

4.The learned counsel for the petitioners submitted that the petitioners were arrested on 23.02.2017 and till now, no final report has been filed and hence, he may be released on bail. 5.The learned Government Advocate (Crl.Side) opposed for grant of bail to the petitioners.

6.Considering the facts and circumstances of the case and taking note of the period of incarceration of the petitioners that they are

in custody for more than 85 days and also the fact that the final report is not yet filed, this Court is inclined to grant the relief of bail to the petitioners.

7.Accordingly, it is ordered that the petitioners shall be released on bail, subject to the following conditions:- (i) Each of the petitioners 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 Court No.I, Nagapattinam and on further condition that (ii) The petitioners shall appear before the respondent police daily at 10.00 a.m. for a period of four weeks and thereafter, as and when required for interrogation.

-sd/- 18/05/2017 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE JUDICIAL MAGISTRATE, NO.I,NAGAPATTINAM 2 THE CHIEF JUDICIAL MAGISTRATE NAGAPATTINAM[FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE SUPERINTENDENT, CENTRAL PRISON,TRICHY 5 THE STATE REP BY ITS, THE INSPECTOR OF POLICE, NAGAPATTINAM TOWN POLICE STATION, NAGAPATTINAM, DISTRICT +1 CC to M/S.P.BABU Advocate on payment of necessary charges SR.NO. 9160 CRL OP.9751/2017 Date :18/05/2017 RD 18/05/2017