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Madras High CourtCRL OP(MD)/10337/2015ordered

R. Manikandan v. The Inspector Of Police

2015-06-11Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Eleventh day of June Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.10337 of 2015 1 R. MANIKANDAN 2 T. SARAVANAN ... PETITIONER(S) / ACCUSED 2 & 3 Vs THE STATE REP. BY THE INSPECTOR OF POLICE THIRUPPANANDHAL POLICE STATION, KUBAKONAM TK, THANJAVUR DISTRICT. CRIME NO.130/2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.R.NARAYANAN Advocate For Respondent : M/S.A.P.BALASUBRAMANIAN, Govt. Advocate (Crl.Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners, who are arrayed as A2 and A3 in Crime No.130 of 2015 on the file of the respondent police, were arrested and remanded to judicial custody on 27.04.2015 for the alleged offences punishable under Sections 147, 148, 120(B) and 109 of I.P.C., r/w. 26(2) Arms Act and hence, seek bail.

2.The case of the prosecution is that on 26.04.2015, when the respondent police were in search of the accused, the petitioners have prevented the Government Officials from doing their duty by showing deadly weapons.

3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case. He further submitted that only one case was registered against this petitioner under Sections 307 of I.P.C in which, he was released on bail by the Sessions Court.

4.The learned Government Advocate (Crl.side) vehemently opposed the bail petition contending that the petitioners threatened the Government Officials by showing deadly weapons from performing their duty and the offence is very serious in nature.

5.Considering the submissions made by the learned Government Advocate (Crl.side) and the period of incarceration, this Court is inclined to enlarge the petitioners on bail on the following conditions. Accordingly, https://hcservices.ecourts.gov.in/hcservices/

the petitioners are directed to be released on bail on each of them executing 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 II Additional District Munsif cum Judicial Magistrate, Kumbakonam and on further condition that the petitioners shall reside at Madurai and report before the Madurai Thallakulam Police Station daily twice ie., at 10.00 a.m., and 05.00 p.m., until further orders.

sd/- 11/06/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE II ADDITIONAL DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, KUMBAKONAM.

2 DO THRO THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR AT KUMBAKONAM. 3 THE ADDL. PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE INSPECTOR OF POLICE THIRUPPANANDHAL POLICE STATION, KUBAKONAM TK, THANJAVUR DISTRICT. 5 THE OFFICER IN-CHARGE, MADURAI TALLAKULAM POLICE STATION, MADURAI.

6 THE SUPERINTENDENT,CENTRAL PRISON, TRICHY. +1. CC to M/S.R.NARAYANAN Advocate SR.No.29850. TS/11.06.2015/2P-8C

ORDER

IN CRL OP(MD) No.10337 of 2015 Date :11/06/2015 https://hcservices.ecourts.gov.in/hcservices/