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Madras High CourtCRL OP(MD)/3810/2020granted

Subburaj v. The Inspector Of Police

2020-02-28Honourable Mr Justice G.R.Swaminathan2 pages

CRL OP(MD).Nos.3810 & 3814 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/02/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD).Nos.3810 & 3814 of 2020 Subburaj ... Petitioner/Accused No.4 in Crl.O.P.(MD)No.3810 of 2020 Ramasubbu ... Petitioner/Accused No.1 in Crl.O.P.(MD)No.3814 of 2020 Vs State Rep.by The Inspector of Police, Elayirampannai Police Station, Virudhunagar District.

(Crime No.170 of 2019) ... Respondent/Complainant in both petitions (In both Crl.O.Ps.) For Petitioners : M/s.R.Anand, Advocate.

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

COMMON PRAYER :- For Bail in crime No.170 of 2019 on the file of the respondent Police.

COMMON 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 arrayed as accused 1 and 4. They were arrested and remanded to Judicial Custody on 12.12.2019 for the offences punishable under sections 147, 342, 294(b), 323, 302 of I.P.C. r/w. Section 4 of Tamil Nadu Prohibition of Harassment of Women Act 2002, in Crime No.170 of 2019 on the file of the respondent police. They seek bail.

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CRL OP(MD).Nos.3810 & 3814 of 2020

3. The co-accused were granted bail on 19.02.2020. The investigation appears to have substantially concluded. The petitioners had used only their bare hands. The petitioners are not having any previous case.

4.In view of the above, 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) each with two sureties, each for a like sum to the satisfaction of the Judicial Magistrate No.I, Sattur, Virudhunagar District.

(ii) the petitioners are 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 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/- 28/02/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE NO.I, SATTUR, VIRUDHUNAGAR DISTRICT.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILIPUTTUR.

3. THE OFFICER INCHARGE, DISTRICT PRISON, VIRUDHUNAGAR DISTRICT.

4. THE INSPECTOR OF POLICE, ELAYIRAMPANNAI POLICE STATION,VIRUDHUNAGAR DISTRICT.

5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +2 CC to M/s.R.ANAND, Advocate, sr nos.4546 & 4547 ORDER IN CRL OP(MD).Nos.3810 & 3814 of 2020 Date :28/02/2020 MS/VR/SAR-2/28.02.2020/2P.8C https://hcservices.ecourts.gov.in/hcservices/ 2/2