Sivakumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/02/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.2185 of 2020

1. Sivakumar

2. Veeramani ... Petitioners/Accused No.2 & 3 Vs The State rep.by The Inspector of Police, Udaiyalipatti Police Station, Pudukkottai District.

(In Cr.No. 104/2019).

... Respondent/Complainant For Petitioners : M/S.A.Oli Raja, Advocate.

For Respondent : Mrs.M.Ananthadevi, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- Bail in Crime No. 104/2019 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 28.10.2019 for the offences under Sections 341 and 302 of I.P.C., in Crime No.104 of 2019 on the file of the respondent police. Hence, they seek bail.

3. The petitioners were detained under the Goondas Act. The detention order has since been set aside. Final report has already been filed and the committal proceedings are over and the case is presently pending before the learned Principal District and Sessions Court, Pudukkottai in S.C.No.9 of 2020.

4. In view of the completion of the investigation, 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;

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(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, Keeranur.

(ii) the petitioners 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 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/- 07/02/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, KEERANUR 2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, PUDUKOTTAI DISTRICT.

3 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.

4 THE INSPECTOR OF POLICE UDAIYALIPATTI POLICE STATION, PUDUKKOTTAI DISTRICT. 5 ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.P.GANAPATHI SUBRAMANIAN, Advocate ( SR-2611[I] dated 07/02/2020 )

ORDER

IN CRL OP(MD) No.2185 of 2020 Date :07/02/2020 MS/VR/S-4(07.02.2020) 2P-7C https://hcservices.ecourts.gov.in/hcservices/