Muralidharan@Arun v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/01/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN Muralidharan @ Arun ... Petitioner/Accused No.2 Vs The State rep.by, The Inspector of Police, Mandapam Police Station, Ramanathapuram District , Crime No.187 of 2019. ... Respondent/Complainant For Petitioner : M/s.J.M.Hassanul Bazari, 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.187 of 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 13.11.2019, for the offences under Section 489A, 489B and 489C of I.P.C., in Crime No.187 of 2019, on the file of the respondent police. Hence, he seeks bail.

3. The petitioner is a Srilankan refugee. He is a resident of Avinashi refugee camp. The continued incarceration of the petitioner is not going to serve any purpose.

4. Since he is a refugee, he must be available for trial. The petitioner's counsel on instructions states that the petitioner will 1/3

appear before Tiruppur Town Police Station daily at 06.00 p.m. until further orders.

5. Subject to this condition, 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;

(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 Judicial Magistrate, Rameswaram, Ramanathapuram District.

(ii) the petitioner is directed to appear before Tiruppur Town Police Station daily at 06.00 p.m. until further orders. (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/- 24/01/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE RAMESWARAM, RAMANATHAPURAM DISTRICT 2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

3 THE OFFICER IN CHARGE, SUB JAIL, RAMANATHAPURAM.

4 THE INSPECTOR OF POLICE MANDAPAM POLICE STATION, RAMANATHAPURAM DISTRICT

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

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Copy To:

THE INSPECTOR OF POLICE, TIRUPPUR TOWN POLICE STATION +1. CC to M/S.J.M.HASSANUL BAZARI Advocate SR.No.1375

ORDER

IN CRL OP(MD) No.1117 of 2020 Date :24/01/2020 IAS ES/PN/SAR 3/24.01.2020/3P/8C 3/3