Madras High CourtCRL OP(MD)/3888/2020granted

Prabakaran v. The Inspector Of Police

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

CRL OP(MD). No.3888 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). No.3888 of 2020

1. Prabakaran

2. Rajamanickam ... Petitioners/Accused No.1 & 2 Vs State Rep.by The Inspector of Police, Swamimalai Police Station, Thanjavur District.

(Crime No.36 of 2020) ... Respondent/Complainant For Petitioners : M/s.K.M.Karunakaran, 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.36 of 2020 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 20.02.2020 for the offences punishable under section 379 of I.P.C., r/w Section 21(4) of Mines and Minerals Act, 1957, in Crime No.36 of 2020 on the file of the respondent police. They seek bail.

3. Taking note of the facts and circumstances of this case, 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 learned Judicial Magistrate No.2, Kumbakonam, Thanjavur District. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.3888 of 2020 (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.

1. THE JUDICIAL MAGISTRATE NO.2, KUMBAKONAM, THANJAVUR DISTRICT.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

3. THE OFFICER INCHARGE,SUB JAIL, KUMBAKONAM.

4. THE INSPECTOR OF POLICE, SWAMIMALAI POLICE STATION, THANJAVUR DISTRICT.

5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.K.M.KARUNAKARAN, Advocate ( SR-4485[I] dated 28/02/2020

ORDER

IN CRL OP(MD) No.3888 of 2020 Date :28/02/2020 MS/VR/SAR-2/28.02.2020/2P.7C https://hcservices.ecourts.gov.in/hcservices/ 2/2