Nataraj v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/01/2020 PRESENT The Hon'ble Mr.Justice G.R.SWAMINATHAN NATARAJ ... PETITIONER/A2 VS STATE REP. BY THE SUB INSPECTOR OF POLICE, OTTANCHATHIRAM POLICE STATION, DINDIGUL DISTRICT (CRIME NO.624 OF 2019).

... RESPONDENT For Petitioner : M/s.S.Vijayashanthi, Advocate.

For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) For Intervenor : Mr.D.Venkatesh, Advocate PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- for Bail in Crime No.624 of 2019 on the file of the respondent police.

ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner, learned counsel appearing for the intervenor and the learned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioner is in custody since 27.12.2019 for the offences punishable under sections 147, 148, 294(b), 323, 324, 341, 427, 307 and 506(2) of I.P.C., in Crime No.624 of 2019 on the file of the respondent police. He seeks bail.

3. It is seen that the primary allegations are directed only against A1-Krishnaprasath. The said Krishnaprasath is yet to be arrested.

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4.The learned Government Advocate (Crl.side), on instructions, states that action is being taken for securing the first accused and that he would be expeditiously arrested.

5.I am satisfied that the continued incarceration of the petitioner is not warranted. Hence, bail is granted.

6. 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 learned Judicial Magistrate, Ottanchattiram.

(ii) the petitioner is 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 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/- 27/01/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, OTTANCHATTIRAM.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL.

3 THE SUB INSPECTOR OF POLICE OTTANCHATHIRAM POLICE STATION, DINDIGUL DISTRICT 4 THE OFFICER INCHARGE, SUBJAIL, DINDIGUL.

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

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+1 CC to M/s.S.VIJAYA SHANTHI, Advocate ( SR-1485[I] dated 27/01/2020 )

ORDER

IN CRL OP(MD) No.1253 of 2020 Date :27/01/2020 RMI JM/VR/SAR 4/27.01.2020/3P/7C 3/3