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Madras High CourtCRL OP(MD)/5960/2018granted

Murugaiyan @ Murugesan, v. The Inspector Of Police,

2018-04-13Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Thirteenth day of April Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.5960 of 2018 MURUGAIYAN @ MURUGESAN ... PETITIONER / ACCUSED Vs THE STATE REP.BY, THE INSPECTOR OF POLICE, PAPANADU POLICE STATION, THANJAVUR.

(CRIME NO.260 OF 2006) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.P.KANDASAMY Advocate For Respondent : MR.A.P.G.OHM CHAIRMA PRABHU Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner is shown as Accused. He was arrested and remanded to judicial custody on 23.03.2018 for the offences punishable under Sections 341, 323, 294(b), 354 and 325 I.P.C., in Crime No.260 of 2006 on the file of the respondent police. He seeks bail.

2.The petitioner is arrayed as the first accused and he was absent in trial in S.C.No.323 of 2015 on the file of the Sessions Court, Mahalir Neethimandram (Fast Track Mahila Court), Thanjavur. On account of his absence on 16.06.2016, Non Bailable Warrant was issued and he was secured.

3. The learned counsel for the petitioner undertakes that the petitioner shall appear before the court regularly on all future dates and if absent, an application under Section 317 Cr.P.C would be filed.

4. If the said condition is breached, the bail granted to the petitioner shall stand cancelled automatically. 5.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; https://hcservices.ecourts.gov.in/hcservices/

(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 Sessions Court, Mahalir Neethimandram (Fast Track Mahila Court), Thanjavur. (ii)the petitioner is directed to appear before the concerned court on all future hearings.

(iii)on breach of any of the aforesaid conditions, the 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 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/- 13/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE SESSIONS JUDGE, MAHALIR NEETHIMANDRAM (FAST TRACK MAHILA COURT), THANJAVUR.

2 THE SUPERINTENDENT, CENTRAL JAIL, TRICHY.

3 THE INSPECTOR OF POLICE, PAPANADU POLICE STATION, THANJAVUR.

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

+1. CC to M/S.P.KANDASAMY Advocate SR.No.6155

ORDER

IN CRL OP(MD) No.5960 of 2018 Date :13/04/2018 MKV-CM-VR-VK/13.4.2018/2P-6C https://hcservices.ecourts.gov.in/hcservices/