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Madras High CourtCRL OP(MD)/6788/2018granted

Paramasivam @ Paramasivan 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.6788 of 2018 1 PARAMASIVAM @ PARAMASIVAN ... PETITIONER / ACCUSED No.6 Vs THE STATE REP. BY THE INSPECTOR OF POLICE, KUMBAKONAM POLICE STATION, KUMBAKONAM, THANJAVUR DISTRICT, IN CR NO. 483 OF 2017.

... RESPONDENT / COMPLAINANT For Petitioner : M/S.A.THIRUVADI KUMAR 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.6. He was arrested and remanded to judicial custody on 22.03.2018 for the offences punishable under Sections 147, 148, 294(b), 324, 307 I.P.C., altered into Section 302 I.P.C., in Crime No.483 of 2017, on the file of the respondent police. He seeks bail.

2.Heard the learned counsel for the petitioner. 3.The learned Government Advocate(Crl.Side) submitted that there are totally seven accused in this case. Except A4, all other accused have been arrested. The petitioner herein is not having any previous case.

3.It appears that the occurrence took place on account of previous motive between the close relatives. Considering the facts and circumstances, 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; 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 No.II, Kumbakonam.

(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/- 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, KUMBAKONAM, THANJAVUR DISTRICT.

2 DO THROUGH THE CHEIF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

3 THE SUPERINTENDENT, CENTRAL PRISON, TIRUCHIRAPPALLI.

4 THE INSPECTOR OF POLICE KUMBAKONAM POLICE STATION, KUMBAKONAM, THANJAVUR DISTRICT.

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

+1. CC to M/S.A.THIRUVADI KUMAR Advocate SR.No.7090.

ORDER

IN CRL OP(MD) No.6788 of 2018 Date :25/04/2018 https://hcservices.ecourts.gov.in/hcservices/ SDS/CM:VR/RNB/25.04.2018/2P/7C