Madras High CourtCRL OP(MD)/3561/2020granted

M.Sridhar v. The Inspector Of Police

2020-02-27Honourable Mr Justice G.R.Swaminathan2 pages

CRL OP(MD). No.3561 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/02/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.3561 of 2020 M.Sridhar ... Petitioner/2nd Accused Vs The State rep.by The Inspector of Police, Thanthonimalai Police Station, Karur District.

Crime No.430 of 2019 ... Respondent/Complainant For Petitioner : Mr.B.Saravanan, Advocate for M/s.E.K.Kumaresan, 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.430 of 2019 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 22.12.2019 for the offences punishable under sections 147, 148, 294(b), 324, 302, 506

(2) of I.P.C., in Crime No.430 of 2019 on the file of the respondent police. He seeks bail.

3. The case of the prosecution is that one Kalidoss was troubling one Sneha who is the sister of one Dinesh. Objecting the conduct of the said Kalidoss, Dinesh and his friends which included the deceased had challenged Kalidoss. Kalidoss left the place and returned with his group of friends that included the petitioner herein. In the ensuing clash, Manikandan friend of Dinesh died due to stab injuries. The petitioner is said to have stabbed Manikandan near his chest. Manikandan died instantly.

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

CRL OP(MD). No.3561 of 2020 4.The petitioner's counsel states that the petitioner is aged about 19 years and is a college going student. 5.It is not in dispute that he is not having any previous case. Investigation appears to have substantially concluded.

6. Taking note of the facts and circumstances of this case, 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.1, Karur.

(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/- 27/02/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO I, KARUR.

2.THE CHIEF JUDICIAL MAGISTRATE, KARUR DISTRICT. 3.THE INSPECTOR OF POLICE, THANTHONIMALAI POLICE STATION,KARUR DISTRICT. 4.THE SUPERINTENDENT,CENTRAL PRISON, TRICHY.

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

+1. CC to M/S.E.K.KUMARESAN Advocate SR.No.4197 ORDER IN CRL OP(MD) No.3561 of 2020 Date :27/02/2020 TK/VR/SAR.3/27.02.2020/2P/7C https://hcservices.ecourts.gov.in/hcservices/ 2/2