Saba @ Sabarathinam v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Fourth day of April Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.6576 of 2018 1 SABA @ SABARATHINAM 2 NAGAMURUGAN @ ASHA ... PETITIONERS / ACCUSED NO.1 & 2 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE, S.S. COLONY POLICE STATION, IN CRIME NO.153/2018, MADURAI DISTRICT ... RESPONDENT / COMPLAINANT For Petitioners : M/S.C.SUSIKUMAR 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 are arrayed as the accused No.1 & 2. They were arrested and remanded to judicial custody on 09.03.2018 for the offences punishable under Sections 147, 148, 392 r/w 397, 294(b), 506(ii) IPC and 25(1) (a) of Arms Act in Crime No.153 of 2018, on the file of the respondent police. They seek bail. 2.This Court had granted bail to the co-accused. The learned Government Advocate (Crl.side) submitted that there are two many cases pending to the credit of petitioners herein. This Court went through the contents of FIR. This Court gets impression that this is a put up case. The said observation is recorded only for the purpose of granting bail and the said observation will not use for any other purpose.

3.Considering the nature of the allegation, 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;

(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 No.V, Madurai. https://hcservices.ecourts.gov.in/hcservices/

(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/- 24/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.V, MADURAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3 THE SUPERINTENDENT, CENTRAL JAIL, COIMBATORE.

4 THE INSPECTOR OF POLICE, S.S. COLONY POLICE STATION, MADURAI DISTRICT 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.C.SUSIKUMAR Advocate SR.No.7006

ORDER

IN CRL OP(MD) No.6576 of 2018 Date :24/04/2018 MKV-CM-VR-VK/24.4.2018/2P-7C https://hcservices.ecourts.gov.in/hcservices/