Madras High CourtCRL OP(MD)/92/2020granted

R. Paramasivam @ Saplin v. The Inspector Of Police

2020-01-08Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/01/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN

1. R.Paramasivam @ Saplin,

2. Selvam @ Rajaselvam,

3. Easwaran @ Kutti,

4. K.Rathinam ... Petitioners/ 1 to 4 Accused Vs State rep.by The Inspector of Police, Thatchanallur Police Station, Tirunelveli City, Crime No.229 of 2019. ... Respondent/Complainant For Petitioners : M/s.T.Selvan, Advocate.

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

PRAYER :- For Bail in Crime No.229 of 2019 on the file of the Respondent police.

ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioners and the learned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioners are in custody for more than 65 days for the offences punishable under sections 147, 302, 307, 323, 324, 379, 427, 448 and 506(ii) of I.P.C., and Section 4 of TNPHW Act in Crime No.229 of 2019 on the file of the respondent police. The petitioners were remanded on 29.10.2019, 31.10.2019 and 02.11.2019. They seek bail.

3. The petitioners are not having any previous case. 4.The issue arose out of a petty quarrel. Investigation appears to be substantially over. Co-accused was granted bail by the Sessions Court. Hence, bail is granted.

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5.The petitioners are directed to stay away from Tirunelveli District for a period of four weeks. The petitioners shall stay at Tenkasi and report before the Tenkasi Town Police Station, daily twice at 9.30 a.m., and 07.30 p.m. The petitioners are directly mandated not to enter their village. If this condition is breached, this Court will not hesitate to cancel this bail order

6. Subject to this condition, I am inclined to enlarge the petitioners on bail with certain conditions. Accordingly, the petitioners are ordered to be released on bail, subject to the following conditions;

(i) the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten thousand only)each with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.IV, Tirunelveli.

(ii) The petitioners are directed to stay away from Tirunelveli District for a period of four weeks. The petitioners shall stay at Tenkasi and report before the Tenkasi Town Police Station, daily twice at 9.30 a.m., and 07.30 p.m., for a period of four weeks. (iii) on breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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/- 08/01/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.IV TIRUNELVELI.

2 -DO-THRO- THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3 THE SUPERINTENDENT , CENTRAL JAIL, PALAYAMKOTTAI, TIRUNELVELI.

4 THE INSPECTOR OF POLICE THATCHANALLUR POLICE STATION, TIRUNELVELI 2/3

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

Copy To:

THE INSPECTOR OF POLICE TENKASI TOWN POLICE STATION, TENKASI.

+1 CC to M/s.T.SELVAN, Advocate ( SR-401[I] dated 08/01/2020 )

ORDER

IN CRL OP(MD) No.92 of 2020 Date :08/01/2020 rmi ES/PN/SAR 2/08.01.2020/3P/8C 3/3