Madras High CourtCRL OP(MD)/613/2020partly allowed

Selvam v. The Inspector Of Police

2020-01-10Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/01/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.613 of 2020

1. Selvam,

2. Murugan@mangudi Murugan,

3. Thiruppathy, ... Petitioners/Accused Vs The Inspector of Police, Avaniyapuram Police Station, Madurai District Cr No.1055/2019.

... Respondent/Complainant For Petitioner : M/s.S.Muniyandi, 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. 1055 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 since 20.11.2019 for the offences punishable under sections 294(b), 449, 427, 302 and 506(ii) of I.P.C., in Crime No. 1055 of 2019 on the file of the respondent police. They seek bail.

3. The learned counsel for the petitioners would point out that the investigation is over and that some of the co-accused have 1/3

already been granted bail.

4. The learned Government Advocate pointed out that the second petitioner Murugan is having eight previous cases. This is evident from the order passed by the Court below. Therefore, even while granting bail for petitioners 1 and 3, the same stands dismissed as regards the second petitioner.

5. Taking note of the facts and circumstances of this case, I am inclined to enlarge the petitioners 1 and 3 on bail with certain conditions. Accordingly, the petitioners are ordered to be released on bail, subject to the following conditions; (i) the petitioners 1 and 3 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.VI, Madurai.

(ii) the petitioners 1 and 3 are 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 petitioners 1 and 3 in accordance with law as if the conditions have been imposed and the petitioners 1 and 3 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/- 10/01/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

PNN TO 1.The Judicial Magistrate No.VI, Madurai.

2. Do Through the Chief Judicial Magistrate, Madurai. 3.The Superintendent, Central Prison, Madurai. 4.The Inspector of Police, Avaniyapuram Police Station, Madurai District 2/3

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1CC TO MR.S.MUNIYANDI, Advocate Sr. No. 694 ORDER IN CRL OP(MD) No.613 of 2020 Date : 10/01/2020 TR/RSK/S4(10.01.2020) 3P 7C 3/3