Welding Mariappan v. The Additional Public Prosecutor
CRL OP(MD). No.313 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/01/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.313 of 2020 WELDING MARIAPPAN ... PETITIONER/SOLE ACCUSED VS THE ADDITIONAL PUBLIC PROSECUTOR, TRIUNELVELI DISTRICT SPL.CASE NO.24 OF 2013.
... RESPONDENT/COMPLAINANT For Petitioner : M/s.Ananth C.Rajesh, Advocate.
For Respondent : Mrs.M.Ananthadevi, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- For Bail in Spl.Case No.24 of 2013 on the file of the Respondent 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 20.12.2019, following the issuance of NBW in Spl.S.C.No.24 of 2013, on the file of the learned III Additional District and Sessions Court, Tirunelveli.
3. The case of the accused is defamation. It is a bailable offence. I am of the view that the continued incarceration of the petitioner is not going to serve any purpose. Hence, 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;
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CRL OP(MD). No.313 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 III Additional District and Sessions Court, Tirunelveli.
(ii) the petitioner is directed to appear before the Court below on all future hearing date.
(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/- 09/01/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, TIRUNELVELI.
2 THE ADDITIONAL PUBLIC PROSECUTOR, TRIUNELVELI DISTRICT.
3 THE SUPERINTENDENT, CENTRAL JAIL, PALAYAMKOTTAI.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.ANANTH C.RAJESH, Advocate ( SR-500[I] dated 09/01/2020 )
ORDER
IN CRL OP(MD) No.313 of 2020 Date :09/01/2020 IAS JM/PN/SAR 1/09.01.2020/2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2