Radha Krishnan v. The Inspector Of Police

CRL OP(MD). No.2966 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/02/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.2966 of 2020 Radha Krishnan, ... Petitioner/Accused No.5 Vs State through The Inspector of Police, South Gate Police Station, Madurai.

(In Crime No.6 of 2020).

... Respondent/Complainant For Petitioner : M/s.D.Malaichamy, Advocate.

For Respondent : Mrs.M.Ananthadevi, Government Advocate (Crl.Side) For Intervener : Mr.G.Mariappan, Advocate PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- for bail in Crime No. 6 of 2020 on the file of the respondent police ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner, the learned counsel appearing for the intervener and the learned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioner is in custody since 04.01.2020 for the offences under Sections 147, 148, 294(b), 323, 452, 506(ii) and 109 of I.P.C. and Section 3(1) of Tamilnadu Public Property (Prevention of Damage and Loss) Act, in Crime No.6 of 2020 on the file of the respondent police. Hence, he seeks bail.

3. The petitioner's earlier bail petition was dismissed on 06.02.2020, taking note of his conduct.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.2966 of 2020

4. The petitioner has renewed his bail petition by pointing out that some of the co-accused have been granted bail by me. The petitioner will be put on terms like the co-accused. The petitioner's counsel on instructions gives an undertaking that the petitioner will keep off from the property in question and that he will not poke his nose in the civil dispute. If this undertaking is breached, this Court will not hesitate to cancel the bail now granted and commit him to custody.

5. Recording the said undertaking, I am inclined to enlarge the petitioner on bail 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 Judicial Magistrate No.IV, Madurai.

(ii) the petitioner is 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 petitioner in accordance with law as if the conditions have been imposed and the petitioner 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/- 20/02/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE NO.IV, MADURAI.

2. DO-THROUGH :THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3. THE INSPECTOR OF POLICE, SOUTH GATE POLICE STATION, MADURAI.

4. THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S.D.MALAICHAMY Advocate SR.No.2430

ORDER

IN CRL OP(MD) No.2966 of 2020 Date :20/02/2020 IAS AE/JC/SAR-II (21.02.2020) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2