Sakilan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Seventh day of April Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.6583 of 2018 S.SAKILAN ... PETITIONER/ACCUSED No.10 Vs STATE REPRESENTED BY, THE INSPECTOR OF POLICE, ERAL POLICE STATION, TUTICORIN DISTRICT.

IN CRIME NO.332 OF 2017 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.N.ANANDAKUMAR, Advocate For Respondent : M/S.CHELLAPANDIAN for M/S.A.P.G.OHM CHAIRMA PRABHU, Government 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.10. He was arrested and remanded to judicial custody on 21.02.2018 for the offences under Section 302 of I.P.C. in Crime No.332 of 2017 on the file of the respondent police. He seeks bail.

2. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution.

3. The learned Government Advocate(Crl.Side) submitted that bail had been granted to co-accused. He further submitted that investigation is substantially over.

4. Taking into account the fact that the investigation is substantially over, this Court is inclined to grant bail with certain condition. 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, Srivaikundam.

(ii) the petitioner herein shall appear before the Inspector of Police, District Crime Branch, Tuticorin, for a period of 30 days daily at 10.30 a.m.

(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) sd/- 27/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISRATE, SRIVAIKUNDAM, TUTICORIN DISTRICT. 2 DO THROUGH THE CHIEF JUDCIAL MAGISTRATE, TUTICORIN DISTRICT.

3 THE INSPECTOR OF POLICE, ERAL POLICE STATION, TUTICORIN DISTRICT.

4 THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, TUTICORIN DISTRICT.

5 THE OFFICER-IN-CHARGE, DISTRICT JAIL, PERURANI, THOOTHUKUDI, THOOTHUKUDI DISTRICT. 6 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.V.MALAYENDRAN, Advocate SR.No.7530

ORDER

IN CRL OP(MD) No.6583 of 2018 Date :27/04/2018 (1/3) PK/RR/VK/27.04.2018 : 2P/8C https://hcservices.ecourts.gov.in/hcservices/