Sankar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Eighth day of January Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.21595 of 2014 1 SANKAR 2 SITHICK @ MOHAMED SITHICK 3 MARIMUTHU ... PETITIONERS/ACCUSED 3 TO 5 Vs THE STATE REP BY THE INSPECTOR OF POLICE TALLAKULAM POLICE STATION, MADURAI CITY, CR.NO.901/2014 (NOW TRANSFERRED TO CBI CHENNAI RC.NO.8/2014) ... RESPONDENT /COMPLAINANT For Petitioner : M/S. P. SENGUTTUARASAN Advocate For Respondent : Mr.A.P.BALASUBRAMANI, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners, who were arrested and remanded to judicial custody on 06.09.2014 for the offences punishable under Section 364 ()A and 302 IPC in Crime No.901 of 2014 on the file of the respondent police, seek bail.

2. The case of the prosecution is that these petitioners were arrested for the aforesaid offences on 06.09.2014 and final report has not been filed till date. Under such circumstances, these petitioners will be entitled to compulsory bail under Section 167(2) of the Code of Criminal Procedure. Hence, I am inclined to grant bail to this petitioners.

4. Accordingly, the petitioners are ordered to be released on bail on his executing 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 Chief Judicial Magistrate, Madurai, and on further condition that:

[a] the petitioners shall report before the respondent police daily at 10.30 a.m. for a period of four weeks and thereafter as and when required for interrogation.

https://hcservices.ecourts.gov.in/hcservices/ [b] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[c] the petitioners shall not abscond either during investigation or trial.

[d] 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/- 08/01/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE CHIEF JUDICIAL MAGISTRATE MADURAI 2 THE INSPECTOR OF POLICE TALLAKULAM POLICE STATION, MADURAI CITY, 3 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S. P. SENGUTTUARASAN Advocate SR.No.844

ORDER

IN CRL OP(MD) No.21595 of 2014 Date :08/01/2015 NA/09/01/2015/P2/6C https://hcservices.ecourts.gov.in/hcservices/