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Madras High CourtCRL OP(MD)/3255/2020granted

Abdul Kadhar v. The Inspector Of Police

2020-02-24Honourable Mr Justice G.R.Swaminathan2 pages

CRL OP(MD). No.3255 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/02/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.3255 of 2020 1.Abdul Kadhar 2.Prabu 3.Manikandan ... Petitioners/Accused Nos.1,3,4 Vs The State rep.by The Inspector of Police, K.Puthupatti Police Station, Pudukkottai District.

Crime No.223 of 2015 ... Respondent/Complainant For Petitioners : M/s.R.Maheswaran, Advocate.

For Respondent : Ms.M.Ananthadevi, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.223 of 2015 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 in custody since 09.01.2020 for the offences punishable under sections 174(3) of Cr.P.C., altered into 120(b), 364, 342, 302, 201 and 379 of I.P.C., in Crime No.223 of 2015 on the file of the respondent police. They seek bail.

3. The case pertains to the year 2015. According to the learned counsel for the petitioners, the petitioners have been roped in purely on suspicion. I am of the view that their continued incarceration is not going to serve any purpose. However, the petitioners are directed to appear before the respondent police daily at 10.30 a.m., for a period of four weeks. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.3255 of 2020 4.The learned counsel for the petitioners on instructions gives further undertaking that he will not apply for modification or relaxation of this condition.

5. Recording the said undertaking, 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, Thirumayam.

(ii) the petitioners are directed to appear before the respondent police daily at 10.30 a.m., for a period of four weeks and thereafter 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/- 24/02/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE, THIRUMAYAM.

2.THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI DISTRICT. 3.THE INSPECTOR OF POLICE, K.PUTHUPATTI POLICE STATION,PUDUKKOTTAI DISTRICT. 4.THE OFFICER INCHARGE, DISTRICT JAIL, PUDUKKOTTAI.

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

+1. CC to M/S.R.MAHESWARAN Advocate SR.No.3867

ORDER

IN CRL OP(MD) No.3255 of 2020 Date :24/02/2020 TK/PN/SAR.4/24.02.2020/2P/7C https://hcservices.ecourts.gov.in/hcservices/ 2/2