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Madras High CourtCRL OP(MD)/5395/2018granted

Arumaidurai, v. The Inspector Of Police,

2018-04-06Honourable Mr Justice G.R.Swaminathan2 pages

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.5395 of 2018 1 ARUMAIDURAI 2 RAMESH 3 VELU 4 MUNIYASAMY ... PETITIONERS / ACCUSED NO.2 TO 4 & 6 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE, NAINARKOVIL POLICE STATION, RAMANATHAPURAM DISTRICT.

CRIME NO.18 OF 2018. ... RESPONDENT / COMPLAINANT For Petitioners : M/S.R.MURUGAN Advocate For Respondent : PUBLIC PROSECUTOR PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners were accused in Crime No.18 of 2018 on the file of the respondent police for alleged offences punishable under Sections 294(b), 324, 307 & 506(ii) of IPC @ 120(b), 147, 148, 294 (b), 506(ii) & 302 of IPC and hence, seek bail. 2.The learned counsel for the petitioners requests that this petition may be dismissed as not pressed as far as the first and second petitioners are concerned. Therefore, this petition is dismissed as far as they are concerned.

3.Regarding the third and fourth petitioners, they were arrested and remanded to judicial custody on 18.02.2018 and 19.02.2018 respectively. This Court had already granted bail to the first accused. It appears that investigation is also substantially over and what remains is only obtaining a chemical analysis report for laying charge sheet and there are no previous cases registered against the petitioners 3 and 4.

4.Taking note of all these aspects, this Court is inclined to enlarge the petitioners 3 and 4 on bail with certain conditions. Accordingly, the petitioners 3 and 4 are alone ordered to be released on bail, subject to the following conditions:- https://hcservices.ecourts.gov.in/hcservices/

(i) The petitioners 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, Paramakudi. The petitioners shall appear before the respondent police as and when required for interrogation.

(ii) 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/- 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 SUPERINTENDENT, CENTRAL PRISON, MADURAI.

5 THE INSPECTOR OF POLICE, NAINARKOVIL POLICE STATION, RAMANATHAPURAM DISTRICT.

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

+1. CC to M/S.R.MURUGAN Advocate SR.No.5590 ORDER IN CRL OP(MD) No.5395 of 2018 Date :06/04/2018 https://hcservices.ecourts.gov.in/hcservices/ MKV-CM-VR-SAR 4/6.4.2018/2P-8C