J. Arun @ Arun Prince v. The Inspector Of Police

CRL OP(MD). No.4475 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/03/2020 PRESENT The Hon'ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.4475 of 2020 J. Arun @ Arun Prince, ... Petitioner/ 6th Accused Vs The State, Rep.by Inspector of Police, Eral Police Station, Thoothukudi District, Crime No.238 of 2019.

... Respondent/Complainant For Petitioner : M/s.G.Thalaimutharasu, Advocate.

For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- for bail in Crime No.238 of 2019 on the file of the respondent police.

ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioner originally filed this petition for anticipatory bail for the offences under Sections 147, 342, 347, 364, 302 and 506(ii) of IPC.

3.This Court suggested that if the petitioner surrenders and cooperates the investigation, this Court will be inclined to convert this petition to one of bail petition.

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CRL OP(MD). No.4475 of 2020 4.The learned counsel appearing for the petitioner states that the petitioner surrendered on 16.03.2020. He would further state that the police custody was taken and he is now in the judicial custody.

5.Since the petitioner's continued incarceration is not going to serve any purpose, I am inclined to grant relief. Hence, bail is granted 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 Judicial Magistrate, Srivaikundam.

(ii) the petitioner is directed to appear before the respondent police as and when required for the interrogation. [iii] 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/- 19/03/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE, SRIVAIKUNDAM.

2. DO THRO'THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN. 3.THE OFFICER INCHARGE, DISTRICT JAIL, PERURANI, THOOTHUKUDI DISTRICT. 4.THE INSPECTOR OF POLICE, ERAL POLICE STATION, THOOTHUKUDI DISTRICT.

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

+1 CC to M/s.G.THALAIMUTHARASU, Advocate ( SR-5481[I] dated 19/03/2020 )

ORDER

IN CRL OP(MD) No.4475 of 2020 Date :19/03/2020 AE/JC/SAR-4 (19.03.2020) 2P.7C https://hcservices.ecourts.gov.in/hcservices/ 2/2