Ramesh v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twentieth day of April Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.6463 of 2018 RAMESH ... PETITIONER /SOLE ACCUSED Vs THE STATE REPRESENTED BY THE SUB INSPECTOR OF POLICE ERANIEL POLICE STATION, KANYAKUMARI DISTRICT .

IN CR NO. 141 OF 2018 ... RESPONDENT / COMPLAINANT For Petitioner : Mr.S.C.HEROLD SINGH 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 arrayed as the sole accused. He was arrested and remanded to judicial custody on 28.03.2018 for the offences punishable under Sections 4(1) (1A) & 21 (1) Mines and Minerals (Development & Regulation) Act, 1957 in Crime No.141 of 2018, on the file of the respondent police. He seeks bail. 2.The learned counsel for the petitioner submitted that the petitioner was falsely implicated in this case and he is in judicial custody from 28.03.2018. Hence, he prays for bail. 3.The learned Government Advocate (Crl.side) appearing for the respondent Police submitted that the property in question has been recovered and there is no previous case registered against the petitioner herein.

4.Taking note of the above said statement, 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 Judicial Magistrate, Eraniel.

(ii)the petitioner is directed to 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 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/- 20/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, ERANIEL, KANYAKUMARI DISTRICT 2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT AT NAGERCOIL 3 THE SUB INSPECTOR OF POLICE ERANIEL POLICE STATION, KANYAKUMARI DISTRICT , 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 5 THE OFFICER INCHARGER, DISTRICT JAIL, NAGERCOIL, KANYAKUMARI DISTRICT +1. CC to M/S.S.C.HEROLD SINGH Advocate SR.No.6716 GNS JAM/20/04/2018/ CM-VR /ASVM/ 2P-7C

ORDER

IN CRL OP(MD) No.6463 of 2018 Date :20/04/2018 https://hcservices.ecourts.gov.in/hcservices/