Ettaiah v. Teh Sub 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.7170 of 2018 ETTAIAH ... PETITIONER / ACCUSED No.4 Vs THE STATE REPRESENTED BY THE SUB INSPECTOR OF POLICE SATTUR TALUK POLICE STATION, VIRUDHUNAGAR DISTRICT , CR.NO.174/2017 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.P.KALAIYARASI BHARATHI 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 petitioner is arrayed as Accused No.4. He was arrested and remanded to judicial custody on 06.03.2018 for the offences under Sections 174 Cr.P.C., @ 147,148,201,202,203,120-B,302 I.P.C., r/w 34 I.P.C., in Crime No.174 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, he has not committed any offence as alleged by the prosecution and prays for bail in favour of the petitioner.

3.The learned Government Advocate(Criminal Side) submitted that this Court granted bail to some of the co-accused. He further submitted that the petitioner is not having any previous case. 4.Taking note of all these aspects, 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, Sattur.

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

TO 1 THE JUDICIAL MAGISTRATE NO.II SATTUR, VIRUDHUNAGAR DISTRICT 2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR 3 THE SUB INSPECTOR OF POLICE SATTUR TALUK POLICE STATION, VIRUDHUNAGAR DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 5 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI +1. CC to Mr.P.SARAVANA KUMAR, Advocate SR.No.7426 SJI JAM/27/04/2018/ VR/VK/ 2P-7C

ORDER

IN CRL OP(MD) No.7170 of 2018 Date :27/04/2018 https://hcservices.ecourts.gov.in/hcservices/