Mohamed Hassan v. The Inspector Of Police

CRL OP(MD). No.113 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13/01/2020 PRESENT The Hon'ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.113 of 2020 Mohamed Hassan ... Petitioner/Accused A1 Vs State rep.by, The Inspector of Police, Aravakuruchi Police Station, Karur District.

(Crime No.330/2019). ... Respondent/Complainant For Petitioner : M/s.I.Velpradeep, Advocate.

For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No. 330/2019 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 18.10.2019 for the offences punishable under sections 302 and 380 of I.P.C., in Crime No.330 of 2019 on the file of the respondent police. He seeks bail.

3. 89 days have expired, since the petitioner was remanded to custody. Tomorrow is the 90th day. If the final report is not filed by tomorrow, the petitioner would be entitled to statutory bail.

4. It is seen that the police are not ready to file a final report. Therefore, I am inclined to grant relief. Hence, bail is granted. Accordingly, the petitioner is ordered to be released on bail, subject to the following conditions;

https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.113 of 2020 (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 District Munsif-cum Judicial Magistrate, Aravakuruchi, Karur District.

(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/- 13/01/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE DISTRICT MUNSIF-CUM JUDICIAL MAGISTRATE, ARAVAKURUCHI, KARUR DISTRICT.

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

3 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY. 4 THE INSPECTOR OF POLICE ARAVAKURUCHI POLICE STATION, KARUR DISTRICT.

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

+1 CC to M/s.I.VELPRADEEP, Advocate ( SR-799 dated 13/01/2020) ORDER IN CRL OP(MD) No.113 of 2020 Date :13/01/2020 rmi ES/VR/SAR 2/13.01.2020/2P/7C https://hcservices.ecourts.gov.in/hcservices/ 2/2