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Madras High CourtCRL OP(MD)/5749/2018granted

Kannan 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.5749 of 2018 KANNAN ... PETITIONER / ACCUSED NO.4 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE PERUNGUDI POLICE STATION, MADURAI DISTRICT.

IN CR NO. 273 OF 2016 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.G.GANESHKUMAR 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 No.4. He was arrested and remanded to judicial custody on 15.12.2017 for the offences punishable under Sections 147, 148, 341, 302, 506(ii), 149 r/w 120 (b) IPC in Crime No.273 of 2016 on the file of the respondent police. He seeks bail.

2.The learned counsel for the petitioner submitted that the petitioner has been in judicial custody from 15.12.2017 and he prays for grant of bail to the petitioner.

3. The learned Government Advocate(Crl.sid) submitted that final report has been filed and the case in the stage of committal proceedings in P.R.C.No.41 of 2018 on the file of the learned Judicial Magistrate No.6, Madurai. It is further submitted that all the accused are appearing in this case and the petitioner was arrested in this case only on P.T warrant and he is in custody for more than 155 days.

4. The learned counsel for the petitioner undertakes that he shall not apply for relaxation till committal proceedings are over. Recording his undertaking bail is granted.

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5. 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 No.VI, Madurai.

(ii)the petitioner is directed to appear before the respondent police as and when required for interrogation. (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 JUDICIAL MAGISTRATE NO.VI, MADURAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3 THE SUPERINTENDENT, CENTRAL JAIL, COIMBATURE.

4 THE INSPECTOR OF POLICE PERUNGUDI POLICE STATION, MADURAI DISTRICT.

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

+1. CC to M/S.G.GANESHKUMAR Advocate SR.No.6263

ORDER

IN CRL OP(MD) No.5749 of 2018 Date :13/04/2018 MKV-CM-VR-SAR 4/16.4.2018/2P-7C https://hcservices.ecourts.gov.in/hcservices/