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Madras High CourtCRL OP(MD)/6364/2018granted

Kurunjithen, v. The Inspector Of Police,

2018-04-19Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Nineteenth day of April Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.6364 of 2018 1 KURUNJITHEN 2 PAULSAMY 3 MANOHARAN ... PETITIONERS / ACCUSED NO.3 TO 5 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE, MEDICAL COLLEGE HOSPITAL POLICE STATION, THANJAVUR DISTRICT.

CR.NO.202 OF 2018 ... RESPONDENT / COMPLAINANT For Petitioners : M/S.A.JAYARAMACHANDRAN Advocate For Respondent : MR.A.P.G.OHM CHAIRMA PRABHU Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners are arrayed as Accused Nos.3 to 5. The petitioners are in custody following their participation in a public agitation. They were arrested and remanded in a judicial custody on 07.04.2018 in Crime No.202 of 2018 for offences under Sections 294 (b), 153, 188, 186, 353, 505(1) (b), 506(ii) of I.P.C. on the file of the respondent Police. They seek bail.

2.Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl Side) appearing for the respondent.

3.Considering the nature of allegations made against the petitioners, this Court is 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) Each of the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two common sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Thanjavur.

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(ii) The petitioners shall appear before the respondent police as and when required for interrogation.

(iii) The petitioners shall not abscond.

(iv) 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/- 19/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II, THANJAVUR. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

3 THE SUPERINTENDENT, CENTRAL PRISON FOR WOMEN, TRICHY.

4 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.

5 THE INSPECTOR OF POLICE, MEDICAL COLLEGE HOSPITAL POLICE STATION, THANJAVUR DISTRICT.

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

+1. CC to M/S.A.JAYARAMACHANDRAN Advocate SR.No.6540

ORDER

IN CRL OP(MD) No.6364 of 2018 Date :19/04/2018 https://hcservices.ecourts.gov.in/hcservices/ MKV-CM-VR-RNB/19.4.2018/2P-8C