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Madras High CourtCRL OP(MD)/5948/2018granted

Palanikumar @ Palani, 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.5948 of 2018 PALANIKUMAR @ PALANI ... PETITIONER / ACCUSED No.2 Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE, PALLATHUR POLICE STATION, SIVAGANGAI DISTRICT, CRIME NO.47 OF 2018 ... RESPONDENT / COMPLAINANT For Petitioner : MR.S.M.SANJAY 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.2. He was arrested and remanded to judicial custody on 23.03.2018 for the offences punishable under Section 174 Cr.P.C @ Sections 304(2), 201 and 176 I.P.C., in Crime No.47 of 2018 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 23.03.2018 and he prays for grant of bail.

3. The learned Government Advocate(Crl.sid) submitted that no previous case is registered against the petitioner. 4.Considering the nature of allegation levelled against the petitioner, 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, Karaikudi, Sivagangai District.

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(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 , KARAIKUDI, SIVAGANGAI DISTRICT 2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT 3 THE INSPECTOR OF POLICE, PALLATHUR POLICE STATION, SIVAGANGAI DISTRICT, 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 5 THE OFFICE IN-CHARGER, DISTRICT PRISON, PUDUKOTTAI +1. CC to M/S.S.M.SANJAY Advocate SR.No.6086 CM JAM/13/04/2018/ CM-VR /VK/ 2P-7C

ORDER

IN CRL OP(MD) No.5948 of 2018 Date :13/04/2018 https://hcservices.ecourts.gov.in/hcservices/