Sathish Kumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/02/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN

1. Sathish Kumar

2. Thanga Maharajan ... Petitioners/Accused No.A6 & A7 Vs State rep.by The Inspector of Police, Ottapidaram Police Station, Thoothukudi.

Crime No.154 of 2019.

... Respondent/Complainant For Petitioners : M/s.Ka.Raamakrishnan, 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.154 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 01.01.2020 for the offences under Sections 147, 148, 341, 294(b) and 302 of I.P.C. in Crime No.154 of 2019 on the file of the respondent police. Hence, they seek bail.

3. The murder took place in the context of the recently concluded local body election. The petitioners' counsel produces a video which indicates the genesis of the occurrence. It is at clear variance with what is set out in the FIR. This throws considerable doubt on the prosecution case.

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4.The petitioners are not having any previous case. Investigation appears to have substantially concluded. Hence, I am inclined to grant bail to the petitioners.

5. The petitioners' counsel on instructions gives an undertaking that the petitioners will stay at Madurai and report before High Court Police Station, Othakadai daily at 10.30 a.m., for a period of eight weeks. He gives a further undertaking that the petitioners will not step into the limits of Thoothukudi District during these periods and that they will not apply for modification or relaxation of these conditions.

6. Subject to these conditions, 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 Judicial Magistrate, Villathikulam, Tuticorin District.

(ii) the petitioners are directed to appear before the High Court Police Station, Othakadai, daily at 10.30 a.m., for a period of eight 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/- 12/02/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE, VILLATHIKULAM, TUTICORIN DISTRICT.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN DISTRICT.

3. THE OFFICER INCHARGE, DISTRICT JAIL, PERURANI, TUTICORIN DISTRICT.

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4. THE INSPECTOR OF POLICE, OTTAPIDARAM POLICE STATION, THOOTHUKUDI.

5. THE INSPECTOR OF POLICE, HIGH COURT POLICE STATION, OTHAKADI.

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

+1 CC to M/s.KA.RAMAKRISHNAN, Advocate ( SR-2982[I] dated 12/02/2020

ORDER

IN CRL OP(MD) No.904 of 2020 Date :12/02/2020 MS/PN/SAR-4/12.02.2020/3P.8C 3/3