R. Ganesan v. The Inspector Of Police

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.7003 of 2018 1 R. GANESAN 2 R. KALIDASS ... PETITIONERS / ACCUSED Nos.1&2 Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE UTCHIPULI POLICE STATION, RAMANATHAPURAM DISTRICT, CRIME NO.11/2018 ... RESPONDENT / COMPLAINANT For Petitioners : Mr.S.K.RADHAKRISHNAN 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 in judicial custody for more than 90 days for the offences under Sections 147, 148, 342, 323, 324, 307 and 302 of I.P.C and subsequently altered into under Sections 147, 148, 323, 324, 109, 307 and 302 of I.P.C in Crime No.11 of 2018 on the file of the respondent Police. They have been shown as Accused Nos.1 and 2. 2.Heard the learned counsel for the petitioners and the learned Government Advocate (Crl Side) appearing for the respondent. 3.It appears that the Charge Sheet is yet to be filed. Goondas Act was invoked against the petitioners herein, but the same was subsequently quashed.

5.Taking note of all these circumstances, 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, Court No.II, Ramanathapuram.

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(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 NO.II RAMANATHAPURAM 2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM 3 THE INSPECTOR OF POLICE UTCHIPULI POLICE STATION, RAMANATHAPURAM DISTRICT, 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 5 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI +1. CC to M/S.K.RADHAKRISHNAN Advocate SR.No.7243 TSG JAM/26/04/2018/ CM-VR /ASVM/ 2P-7C

ORDER

IN CRL OP(MD) No.7003 of 2018 Date :26/04/2018 https://hcservices.ecourts.gov.in/hcservices/