Rajmohan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/02/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN Rajmohan ... Petitioner/Accused Rank Not Known in all petitions Vs.
State Rep.by The Inspector of Police, Thilagarthidal Police Station, Madurai District.
Crime No.757/2019.
... Respondent/Complainant in Crl.O.P.(MD)No.1811 of 2020 State Rep.by The Inspector of Police, Thallakulam Police Station, Madurai District.
Crime No.1533/2019.
... Respondent/Complainant in Crl.O.P.(MD)No.1812 of 2020 State Rep.by The Inspector of Police, Alanganallur Police Station, Madurai District.
Crime No.339/2019.
... Respondent/Complainant in Crl.O.P.(MD)No.1814 of 2020 For Petitioner : M/s.R.Alagumani, Advocate.(in all Crl.O.Ps.) For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side)(in all Crl.O.Ps.) PETITION FOR INTERIM BAIL Under Sec.439 of Cr.P.C. PRAYER in Crl.O.P.(MD)No.1811 of 2020:- For interim bail in Crime No.757 of 2019 on the file of the respondent police.
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PRAYER in Crl.O.P.(MD)No.1812 of 2020:- For interim bail in Crime No.1533 of 2019 on the file of the respondent police.
PRAYER in Crl.O.P.(MD)No.1814 of 2020:- For interim bail in Crime No.339 of 2013 on the file of the respondent police.
COMMON 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 respondents.
2. The petitioner is in custody in connection with three cases. Their details are as under:- S.No.
Crime No.
Police Station Offence u/s.
1.
The Inspector of Police, Thilagarthidal police station, Madurai District.
341, 294(b) and 307 of I.P.C.
2.
1533 of 2019 The Inspector of Police, Thallakulam police station, Madurai District.
147, 148, 341, 109, 302 and 506(ii) @ 147, 148, 341, 109, 302 and 506(ii) of I.P.C.
3.
The Inspector of Police, Alanganallur police station, Madurai District.
109 and 307 of I.P.C.
3. The petitioner's father died in an accident on 29.01.2020. In fact the cremation is over. But the petitioner as son has to take part in the final rites.
4. The petitioner's counsel would state that it is his brother who is known as Jattikumar had come under the adverse notice of the police and he is also detained as Goonda. Without any justification, the petitioner has also been roped in.
5. Even though the petitioner seeks only interim bail, I am of the view that continued incarceration of the petitioner is not going to serve any purpose. Therefore, I am inclined to enlarge the petitioner on regular bail with certain conditions. Accordingly, the petitioner is ordered to be released on regular bail, subject to the following conditions;
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(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 No.II, Madurai, in respect of Crime No.757 of 2019 registered on the file of the Thilagarthidal police station, Madurai District and Crime No.1533 of 2019 registered on the file of the Thallakulam police station, Madurai District.
(ii) 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, Vadipatti, in respect of Crime No.339 of 2013 registered on the file of Alanganallur police station, Madurai District. (iii) the petitioner is directed to appear before the respondent police, Samayanallur police station, daily at 10.30 a.m. for a period of four weeks and thereafter, as and when required for the interrogation.
(iv) on breach of any of the aforesaid conditions, the concerned Judicial Magistrate, 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 Magistrates/Trial Courts themselves as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. sd/- 03/02/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
1. THE JUDICIAL MAGISTRATE NO.II, MADURAI.
2. THE JUDICIAL MAGISTRATE, VADIPATTI.
3. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.
4 THE INSPECTOR OF POLICE, THILAGARTHIDAL POLICE STATION, MADURAI DISTRICT. 5 THE INSPECTOR OF POLICE, THALLAKULAM POLICE STATION, MADURAI DISTRICT. 3/4
6 THE INSPECTOR OF POLICE, ALANGANALLUR POLICE STATION, MADURAI DISTRICT. 7 THE INSPECTOR OF POLICE, SAMAYANALLUR POLICE STATION.
8 THE SUPERINTENDENT,CENTRAL PRISON, MADURAI.
9.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +3 CC to M/s.R.ALAGUMANI, Advocate, SR NOS.2165,2166,2167 ORDER IN Date :03/02/2020 MS/VR/SAR-2/03.02.2020/4P.13C 4/4