Soundarapandi, v. The Sub Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Nineteenth day of April Two Thousand and Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.6378 of 2018 SOUNDARAPANDI ... PETITIONER /5 th ACCUSED Vs THE STATE REP. BY THE SUB INSPECTOR OF POLICE, PUTHIYAMPUTHUR POLICE STATION, THOOTHUKUDI DISTRICT.

CR.NO.27 OF 2018.

... RESPONDENT / COMPLAINANT For Petitioner : M/S.S.ALAGARSAMY Advocate For Respondent : M/S. 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 arrayed as 5th accused. The petitioner was arrested and remanded to custody on 22.03.2018 for offences under Sections 147, 148, 511 of I.P.C. and Section 25 (1-A) of Arms Act, 1959 in Crime No.27 of 2018, on the file of the respondent Police. He seeks bail.

2.Heard the learned counsel appearing for the petitioner. 3.The learned Government Advocate (Crl side) strongly opposed the grant of bail citing the previous cases registered against the petitioner. This Court went through the contents of the First Information Report. The only allegation made in the First Information Report is that in the vehicle that was driven by the petitioner, few country weapons were there. No injury was caused to anybody. It is also seen that the petitioner was injured in the occurrence.

4.Taking note of the above circumstances, 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 https://hcservices.ecourts.gov.in/hcservices/

sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.1, Thoothukudi.

(ii)The petitioner shall appear before the respondent police as and when required for interrogation.

(iii) The petitioner shall not abscond.

(iv)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/- 19/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO-I, THOOTHUKUDI.

2 DO THOUGH THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT.

3 THE OFFICER INCHARGE, DISTRICT JAIL, PERURANI.

4 THE SUB INSPECTOR OF POLICE, PUTHIYAMPUTHUR POLICE STATION, THOOTHUKUDI DISTRICT.

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

+1. CC to M/S.S.ALAGARSAMY Advocate SR.No.6544.

ORDER

IN CRL OP(MD) No.6378 of 2018 Date :19/04/2018 SDS/CM:VR/RNB/19.04.2018/2P/7C https://hcservices.ecourts.gov.in/hcservices/