Johnson @ Sura Johnson v. The Sub Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Seventh day of April Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.7109 of 2018 JOHNSON @ SURA JOHNSON ... PETITIONER/ACCUSED RANK NOT KNOWN Vs STATE REP.BY, THE SUB INSPECTOR OF POLICE ERAL POLICE STATION, THOOTHUKUDI DISTRICT CRIME NO. 332 OF 2017 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.R.J.KARTHICK, Advocate For Respondent : M/S.CHELLAPANDIAN for M/S.A.P.G.OHM CHAIRMA PRABHU, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.
ORDER : The Court Made the following order :- The petitioner is arrayed as Accused. He was arrested and remanded to judicial custody on 28.02.2018 for the offences under Sections 302, 341, 147, 148, 149, 294(b) and 120(b) of I.P.C. in Crime No.332 of 2017 on the file of the respondent police. He seeks bail.
2. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution.
3. The learned Government Advocate(Crl.Side) submitted that bail had been granted to co-accused. He further submitted that investigation is substantially over.
4. Taking into account the fact that the investigation is substantially over, this Court is inclined to grant bail with certain condition. Accordingly, the petitioner is ordered to be released on bail, subject to the following conditions; https://hcservices.ecourts.gov.in/hcservices/
(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, Srivakundam.
(ii) the petitioner herein shall appear before the Inspector of Police, District Crime Branch, Tuticorin, for a period of 30 days daily at 10.30 a.m.
(iii)on breach of any of the aforesaid conditions, the 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 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/- 27/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, SRIVAIKUNDAM, THOOTHUKUDI DISTRICT 2 DO THROUGH THE CHIEF JUDCIAL MAGISTRATE, THOOTHUKUDI DISTRICT.
3 THE INSEPCTOR OF POLICE, ERAL POLICE STATION, THOOTHUKUDI DISTRICT.
4 THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, TUTICORIN DISTRICT.
5 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI, TIRUNELVELI DISTRICT. 6 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.R.J.KARTHICK Advocate SR.No.7428
ORDER
IN CRL OP(MD) No.7109 of 2018 Date :27/04/2018 (3/3) PK/RR/VK/27.04.2018 : 2P/8C https://hcservices.ecourts.gov.in/hcservices/