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Madras High CourtCRL OP(MD)/3428/2020granted

Manikandan v. The Inspector Of Police

2020-02-25Honourable Mr Justice G.R.Swaminathan2 pages

CRL OP(MD). No.3428 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/02/2020 PRESENT The Hon'ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.3428 of 2020 Manikandan ... Petitioner/Accused No.8 Vs State Rep.by The Inspector of Police, South Gate Police Station, Madurai.

(Crime No.6 of 2020) ... Respondent/Complainant For Petitioner : M/s.K.S.Durai Pandian, 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.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 and the learned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioner is in custody since 04.01.2020 for the offences punishable under sections 109, 147, 148, 294(b), 323, 452, 506(ii) of I.P.C., and Section 3 of Tamil Nadu Property (Prevention of Damage and Loss)Act, 1992, in Crime No.6 of 2020 on the file of the respondent police. He seeks bail.

3. The case of the prosecution is that there is a civil dispute pending between the defacto complainant on the one hand and A1 to A3 on the other. A4 is aiding A1 to A3. The other accused are the henchmen of A4.

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CRL OP(MD). No.3428 of 2020 4.The petitioner gives an undertaking that he will henceforth totally keep away from the civil dispute on hand. 5.If this undertaking is breached, this Court will not hesitate to cancel the bail now granted.

6.Recording the petitioner's 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 learned Judicial Magistrate No.4, 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/- 25/02/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE NO.4, MADURAI.

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

3. THE SUPERINTENDENT,CENTRAL PRISON, MADURAI.

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

5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.K.S.DURAI PANDIAN, Advocate ( SR-3917[I] dated 25/02/2020 )

ORDER

IN CRL OP(MD) No.3428 of 2020 Date :25/02/2020 MS/PN/SAR-1/25.02.2020/2P.7C https://hcservices.ecourts.gov.in/hcservices/ 2/2