Ramasamy @ Ramakrishnan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/02/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN
1. Ramasamy @ Ramakrishnan
2. Muthumurugan ... Petitioners/Accused No.3 & 4 Vs State rep.by The Inspector of Police, Ottapidaram Police Station, Thoothukudi District.
(In Crime No.154/2019) ... Respondent/Complainant For Petitioners: M/s.K.Sivabalan, Advocate.
For Respondent : M/s.M.Ananthadevi, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- For Bail in Crime No. 154/2019 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 arrayed as accused 3 and 4. They were arrested and remanded to Judicial Custody on 01.01.2020 for the offences punishable under sections 147, 148, 341, 294(b) and 302 of I.P.C., in Crime No.154 of 2019 on the file of the respondent police. They seek bail.
3. The occurrence took place in the context of the recently concluded local body elections. The bail has been granted to some of the co-accused. Therefore, I am inclined to grant relief to the petitioners.
4. The learned Government Advocate(Crl. Side) pointed out that the petitioners may be asked to stay away from the locality for a 1/3
period of at least two weeks. I find that the said request is reasonable.
5. The petitioners undertake to stay at Kanyakumari District and they shall appear before Kottar police station daily 10.30 a.m. for a period of four weeks. The petitioners give an undertaking that they will not apply for any modification or relaxation to this condition.
6.Subject to this, 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; (i) the petitioners 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 Judicial Magistrate, Vilathikulam, Thoothukudi District.
(ii) the petitioners are directed to appear before Kottar police station daily 10.30 a.m. for a period of four weeks and thereafter, they 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/- 28/02/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
1. THE JUDICIAL MAGISTRATE, VILATHIKULM, THOOTHUKUDI DISTRICT.
2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT.
3. THE OFFICER INCHARGE, DISTRICT JAIL, PERURANI, THOOTHUKUDI DISTRICT.
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4. THE INSPECTOR OF POLICE, OTTAPIDARAM POLICE STATION, THOOTHUKUDI DISTRICT.
5. THE INSPECTOR OF POLICE, KOTTAR POLICE STATION, KANYAKUMRI DISTRICT.
6. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.K.SIVABALAN, Advocate ( SR-4466[I] dated 28/02/2020 )
ORDER
IN CRL OP(MD) No.2743 of 2020 Date :28/02/2020 MS/VR/SAR-2/28.02.2020/3P.8C 3/3