Rajappa v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Thirteenth day of June Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.9591 of 2018 RAJAPPA ... PETITIONER / ACCUSED NO.1 Vs STATE REP.BY THE INSPECTOR OF POLICE, PAPPANADU POLICE STATION, THANJAVUR DISTRICT.

CRIME NO.45 OF 2018 ... RESPONDENT / COMPLAINANT For Petitioner : Mr.P.KANDASAMY 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 petitioner is accused No.1. He was arrested and remanded to judicial custody on 11.05.2018 for the offences punishable under Sections 294(b), 324 and 506(ii) IPC altered into Sections 294(b) and 302 IPC in Crime No. 45 of 2018, on the file of the respondent police. He seeks bail.

2.The petitioner is in custody since 11.05.2018 for offences under Sections 294(b), 324 and 506(ii) IPC altered into Sections 294 (b) and 302 IPC. This Court went through the contents of the First Information Report, it appears to be a case of family quarrel over a property dispute. The petitioner is not having any previous case. Investigation must be substantially over.

3.Taking note of the facts and circumstances of the case, this Court is inclined to grant bail to the petitioner with certain conditions. 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 Principal District and Sessions Judge, Thanjavur [Additional District and Sessions Judge, Special Court under E.C.Act Cases, Thanjavur (I/C)].

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(ii) the petitioner is directed to appear before the respondent police as and when required for interrogation. (iii)on breach of any of the aforesaid conditions, the 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 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/- 13/06/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, THANJAVUR [ADDITIONAL DISTRICT AND SESSIONS JUDGE, SPECIAL COURT UNDER E.C.ACT CASES, THANJAVUR (I/C)]. 2 THE INSPECTOR OF POLICE, PAPPANADU POLICE STATION, THANJAVUR DISTRICT. 3 THE SUPERINTENDENT,CENTRAL PRISON, TRICHIRAPPALLI. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to Mr.P.KANDASAMY Advocate SR.No.10382

ORDER

IN CRL OP(MD) No.9591 of 2018 Date :13/06/2018 MS/PN/GSR/13.06.2018/2P.6C https://hcservices.ecourts.gov.in/hcservices/