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Madras High CourtCRL OP(MD)/6630/2018granted

A. Mariappan v. The Inspector Of Police,

2018-04-25Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Fifth day of April Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.6630 of 2018 1 A. MARAPPAN 2 VIJAYAKUMAR ... PETITIONERS / ACCUSED NO.5 & 6 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE, K. PARAMATHI POLICE STATION, KARUR, CRIME NO.57/2018 ... RESPONDENT / COMPLAINANT For Petitioners : M/S.G.MANIKANDAN 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 Accused Nos. 5 and 6. They were arrested and remanded to judicial custody on 06.04.2018, for the offences punishable under Sections 147, 148, 294(b), 324, 452, 420, 506(ii) I.P.C., Section 4 of Tamil Nadu Prohibition of Harassment of Women Act and Section 3 of Tamil Nadu Public Property (Prevention of damage and loss Act), in Crime No.57 of 2018, on the file of the respondent police. They seek bail.

2.Heard the learned Government Advocate (Crl.Side) for the respondent.

3.The learned counsel for the petitioners, on instructions, submitted that the petitioners after coming out on bail shall file an affidavit of undertaking that they would not interfere with the defacto complainant's property and they will resort only to legal process.

4.In view of the undertaking to file an affidavit of undertaking, this Court is inclined to grant bail with certain condition. 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) each with

two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, No.II, Karur. (ii)the petitioners are 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 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/- 25/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II, KARUR.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KARUR DISTRICT.

3 THE OFFICER IN CHARGE, SUB JAIL, KARUR.

4 THE INSPECTOR OF POLICE, K. PARAMATHI POLICE STATION, KARUR.

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

+1. CC to M/S.G.MANIKANDAN Advocate SR.No.7060

ORDER

IN CRL OP(MD) No.6630 of 2018 Date :25/04/2018 MKV-CM-VR-RNB/25.4.2018/2P-7C https://hcservices.ecourts.gov.in/hcservices/