Chakkaravarthy v. The Insepctor Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Third day of April Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.6486 of 2018 CHAKKARAVARTHY ... PETITIONER / ACCUSED No.1 Vs THE STATE REP. BY THE INSEPCTOR OF POLICE THENI POLICE STATION, THENI, CRIME NO.265/2018.

... RESPONDENT / COMPLAINANT For Petitioner : M/S.P.R.PRITHIVIRAJ 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 Accused No.1. He was arrested and remanded to judicial custody on 12.04.2018 for the offences punishable under Sections 147, 448, 294(B), 323, 342, 387, 506(i) I.P.C., and Section 3(1) TNPPDL Act in Crime No.265 of 2018 on the file of the respondent police. He seeks bail.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent police. 3.The issue arises out of wordy quarrel between the petitioner and the defacto complainant, who is running the scan centre. 4.This Court directed the petitioners to file an affidavit of undertaking that they will not made any protest against the defacto complainant and they would redress their grievance before the competent Forum. Pursuant to the direction given by this Court, the petitioners have filed the undertaking affidavit to that effect. 5.Taking note of the said undertaking, 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;

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(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, Theni.

(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/- 23/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE THENI.

2 DO THOUGH THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT.

3 THE SUPERINTENDENT CENTRAL JAIL, MADURAI.

4 THE INSEPCTOR OF POLICE THENI POLICE STATION, THENI.

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

+1. CC to M/S.P.R.PRITHIVIRAJ Advocate SR.No.6872.

ORDER

IN CRL OP(MD) No.6486 of 2018 Date :23/04/2018 https://hcservices.ecourts.gov.in/hcservices/ SDS/CM:VR/GSR/23.04.2018/2P/7C