Karthik Pandian v. The Inspector 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.6570 of 2018 1 KARTHIK PANDIAN 2 CHANDRASEKAR ... PETITIONERS / ACCUSED NO.2 & 3 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE PARAMAKUDI TOWN POLICE STATION, RAMNAD DISTRICT.

IN CR NO. 88 OF 2018 ... RESPONDENT / COMPLAINANT For Petitioners : M/S.P.SENGUTTUARASAN 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 petitioners/A2 and A3, who were arrested and remanded to judicial custody on 12.04.2018 for the offences punishable under Sections 364, 294(b) 323, 387, 506(ii) IPC., and 67 of Information Technology Act, 2000, in Crime No.88 of 2018, on the file of the respondent police, seek bail.

2.The case of the prosecution is that since the defacto complainant defamed the character of A1's wife in the face book account, the petitioners along with A1 assaulted the defacto complainant.

3.The learned counsel for the petitioners submitted that the petitioners are falsely implicated in this case and they are in judicial custody from 12.04.2018. Hence, he prays for bail. 4.The learned Government Advocate (Crl.side) appearing for the respondent Police submitted that there is no previous case registered against the petitioners herein.

5.Taking note of nature of the allegation made against the petitioners, this Court is inclined to enlarge the petitioners on bail with certain conditions. Accordingly, the petitioners are ordered to be released on bail, subject to the following conditions; https://hcservices.ecourts.gov.in/hcservices/

(i) the petitioners 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, Paramakudi, Ramnad District.

(ii) the petitioners are directed to appear before the respondent police as and when required for interrogation.

(iii) the petitioners shall not abscond.

(iv) on breach of any of the aforesaid conditions, the Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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, PARAMAKUDI, RAMNAD DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMNAD DISTRICT.

3 THE OFFICER IN CHARGE, DISTRICT PRISON, RAMNAD.

4 THE INSPECTOR OF POLICE PARAMAKUDI TOWN POLICE STATION, RAMNAD DISTRICT.

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

+1. CC to M/S.P.SENGUTTUARASAN Advocate SR.No.6853 ORDER IN CRL OP(MD) No.6570 of 2018 Date :23/04/2018 https://hcservices.ecourts.gov.in/hcservices/ MKV-CM-VR-GSR/23.4.2018/2P-7C