Madras High CourtCRL OP(MD)/2510/2020allowed

V. Avinash v. The Inspector Of Police

2020-05-04Honourable Mr Justice G.R.Swaminathan2 pages

CRL OP(MD). No.2510 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/05/2020 PRESENT The Hon'ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.2510 of 2020 V. Avinash ... Petitioner/Accused No.3 Vs The State Rep. by The Inspector of Police, Marthandam Police Station, Kanyakumari District.

(Crime No.15/2020). ... Respondent/Complainant For Petitioner : M/s.C.Muthusaravanan, Advocate.

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

PRAYER :- For Bail in Crime No. 15/2020 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 arrayed as third accused. He was arrested and remanded to Judicial Custody on 20.01.2020 for the offences punishable under sections 294(b), 323, 324, 302 and 506(ii)of I.P.C., in Crime No.15 of 2020 on the file of the respondent police. He seeks bail.

3. The petitioner is a student. Taking note of the fact that he has to write the Public Examination, I granted him interim bail on 13.02.2020.

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CRL OP(MD). No.2510 of 2020

4. The petitioner's counsel states that as directed by this Court, the petitioner appeared before the respondent police for surrendering again. But then, in view of the continuing Covid situation and the consequent lock down measures, the surrender was not accepted. But then, the petitioner is said to be appearing before the respondent police daily. It is also stated by the learned Government Advocate(Crl. Side) that one of the accused is absconding, but two of the accused who are arrested are said to have been granted bail. Of course grant of bail is the submission made by the petitioner's counsel. Since the petitioner is a student and the main overtact attributed is only against accused 1 and 4 and since he has already been granted interim bail, I am of the view that interest of justice will be served by making the interim bail earlier granted absolute. There is no need for the petitioner to execute fresh sureties. However, the petitioner is directed to appear before the respondent police as and when required.

5. The criminal original petition stands allowed on these terms.

sd/- 04/05/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE No I, KUZHITHURAI. 2 -DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT AT NAGERCOIL.

3 THE INSPECTOR OF POLICE, MARTHANDAM POLICE STATION, KANYAKUMARI DISTRICT.

4 THE OFFICER IN-CHARGE, DISTRICT JAIL, NAGERCOIL.

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

ORDER IN CRL OP(MD) No.2510 of 2020 Date :04/05/2020 PMU TE/VR/SAR-II : 04/05/2020 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2