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Madras High CourtCRL OP(MD)/6965/2018granted

Prabhakaran v. The Inspector Of Police

2018-04-26Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Sixth day of April Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.6965 of 2018 1 PRABHAKARAN 2 ARI RAM SAIT ... PETITIONER/ACCUSED Nos.2 & 6 Vs STATE REP.BY, THE INSPECTOR OF POLICE, VEERAVANALLUR POLICE STATION, TIRUNELVELI DISTRICT.

IN CR NO.247 OF 2014 ... RESPONDENT/COMPLAINANT For Petitioners : M/S.J.ASHOK, Advocate For Respondent : 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 petitioners are in judicial custody since 16.04.2018 in Crime No.247 of 2014 for the offences under Section 447 of I.P.C and Section 3 of TNPPDL Act on the file of the respondent Police. They have been shown as Accused Nos.2 and 6.

2.Heard the learned counsel for the petitioners and the learned Government Advocate (Crl Side) appearing for the respondent. 3.The learned Government Advocate (Crl Side) appearing for the respondent submitted that a number of banana trees were cut down in rioting.

4.The petitioners are directed to deposit a sum of Rs.15,000/- each to the de facto complainant to the credit of in Crime No.247 of 2014, before the learned Judicial Magistrate, Cheranmahadevi . It is open to the de facto complainant to withdraw the same.

https://hcservices.ecourts.gov.in/hcservices/ 5.Subject to this condition, 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; (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, Cheranmahadevi.

(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/- 26/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, CHERANMAHADEVI, TIRUNELVELI DISTRICT. 2 DO THROUGH THE CHIEF JUDCIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3 THE INSPECTOR OF POLICE, VEERAVANALLUR POLICE STATION, TIRUNELVELI DISTRICT. 4 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI 5 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.J.ASHOK, Advocate SR.No.7387

ORDER

IN CRL OP(MD) No.6965 of 2018 Date :26/04/2018 PK/PMI/GSR/27.04.2018 : 2P/7C https://hcservices.ecourts.gov.in/hcservices/