Dinesh v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/01/2020 PRESENT The Hon'ble Mr.Justice G.R.SWAMINATHAN DINESH ... PETITIONER/PETITIONER/ACCUSED NO.1 VS STATE REP. BY THE INSPECTOR OF POLICE, KARIMEDU POLICE STATION, MADURAI CITY, CRIME NO.1090/2019.

... RESPONDENT/RESPONDENT/COMPLAINANT For Petitioner : M/s. M. Murali, Advocate.

For Respondent : Ms.M.Ananthadevi, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For bail in Crime No.1090/2019 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 19.11.2019 for the offences punishable under sections 294(b), 324, 307 and 506(ii) of I.P.C., in Crime No.1090 of 2019 on the file of the respondent police. He seeks bail.

3. The allegations against the petitioner are fairly serious. But then, investigation appears to be almost over. 4.The petitioner's counsel states that a demand draft favouring the victim for a sum of Rs.10,000/- will be taken and enclosed along with the petition for acceptance of sureties. The said demand draft 1/3

will be handed over by the Court below through the respondent police. Of-course, this is without prejudice to the petitioner's defence in the trial.

5.The petitioner's counsel also gives an undertaking that he will keep off from the victim completely hereafter.

6. Subject to this condition, 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;

(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.V, Madurai.

(ii) the petitioner is directed to appear before the respondent police as and when required for the interrogation. (iii) 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]. sd/- 07/01/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.V, MADURAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI.

3 THE INSPECTOR OF POLICE KARIMEDU POLICE STATION, MADURAI CITY.

4 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

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5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.M.MURALI, Advocate ( SR-247[I] dated 07/01/2020 )

ORDER

IN CRL OP(MD) No.149 of 2020 Date :07/01/2020 RMI JM/PN/SAR 4/07.01.2020/3P/7C 3/3