Senthamizhselvan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Sixth day of April Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.5340 of 2018 SENTHAMIZHSELVAN ... PETITIONER / ACCUSED NO.1 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE NAINARKOVIL POLICE STATION, RAMANATHAPURAM DISTRICT, CRIME NO. 18 OF 2018 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.R.MURUGAN Advocate For Respondent : MR.PRABU RAMACHANDRAN Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner surrendered before the Judicial Magistrate, Thiruvadanai on 19.02.2018 in connection with Crime No.18 of 2018 on the file of the respondent for offences punishable under Sections 294(b), 324, 307 & 506(ii) of IPC @ 120(b), 147, 148, 294(b), 506 (ii) & 302 of IPC.

2.One Muniyasamy was stabbed and in the said case, the petitioner is figuring as first accused. There are totally four named accused and two unnamed accused. All of them have surrendered and are in custody. There is no previous case registered against the petitioner. It appears that investigation had substantially concluded.

3.Taking note of the fact that there is no bad antecedent for the petitioner and he is in custody for more than 46 days, this Court is 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 Court, Paramakudi. The petitioner shall appear before the respondent police as and when required for interrogation.

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(ii) 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/- 06/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, PARAMAKUDI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

3 THE OFFICER IN CHARGE, DISTRICT PRISON, RAMANATHAPURAM 4 THE INSPECTOR OF POLICE NAINARKOVIL POLICE STATION, RAMANATHAPURAM DISTRICT.

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

+1. CC to M/S.R.MURUGAN Advocate SR.No.5588

ORDER

IN CRL OP(MD) No.5340 of 2018 Date :06/04/2018 MKV-CM-VR-SAR 4/6.4.2018/2P-7C https://hcservices.ecourts.gov.in/hcservices/