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Madras High CourtCRL OP(MD)/4167/2020granted

John Baby v. The Inspector Of Police

2020-03-05Honourable Mr Justice G.R.Swaminathan2 pages

CRL OP(MD). No.4167 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/03/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.4167 of 2020 John Baby ... Petitioner/Sole Accused Vs State Rep.by The Inspector of Police, Thiruvattar Police Station, Thiruvattar, Kanyakumari District.

(In Crime No. 253/2019).

... Respondent/Complainant For Petitioner : M/s.M.Suri, Advocate.

For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- for Bail in Crime No.253 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 18.11.2019 for the offences punishable under sections 294(b), 324, 326A and 506(2) of I.P.C., in Crime No. 253 of 2019 on the file of the respondent police. He seeks bail.

3. The petitioner's counsel points out that the committal proceedings are over. He would also contend that in order to ensure fair trial for the petitioner, he has to be let out.

4. I find the said request to be reasonable.

5. Taking note of the facts and circumstances of this case, I am inclined to enlarge the petitioner on bail with certain https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.4167 of 2020 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 Judicial Magistrate No.II, Padmanabhapuram, Kanniyakumari District.

(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/- 05/03/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE NO.II, PADMANABHAPURAM, KANNIYAKUMARI DISTRICT.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT AT NAGERCOIL.

3. THE OFFICER INCHARGE, DISTRICT JAIL, KANNIYAKUMARI DISTRICT AT NAGERCOIL.

4. THE INSPECTOR OF POLICE, THIRUVATTAR POLICE STATION, THIRUVATTAR, KANYAKUMARI DISTRICT.

5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.M.SURI, Advocate ( SR-4785[I] dated 05/03/2020 )

ORDER

IN CRL OP(MD) No.4167 of 2020 Date :05/03/2020 MS/VR/SAR-3/05.03.2020/2P.7C https://hcservices.ecourts.gov.in/hcservices/ 2/2