Iyappan, v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Saturday, the Twenty Eighth day of April Two Thousand and Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) Nos.7428 & 7429 of 2018 1 IYAPPAN 2 MANIKANDAN 3 RAJAN @ RAJA ... PETITIONER / ACCUSED No.1 to 3 (in both petitions) Vs THE STATE REP. BY THE INSPECTOR OF POLICE, VADASERI POLICE STATION, (CR.NO.138/2018). ... RESPONDENT / COMPLAINANT in CRL OP(MD) No.7428 of 2018 THE STATE REP. BY THE INSPECTOR OF POLICE, BOOTHAPANDY POLICE STATION, (CR.NO.97/2018).
... RESPONDENT / COMPLAINANT in CRL OP(MD) No.7429 of 2018 For Petitioner : M/S.R.MANIMARAN 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 petitioners in Crl.O.P.(MD).No.7428 of 2018 are in judicial custody since 02.04.2018 for the offences under Sections 147, 148, 341, 294(b), 307 and 506 (2) and Section 3(1) of TNPPDL Act on the file of the respondent Police in Crime No.138 of 2018.
2.The petitioners in Crl.O.P.(MD).No.7429 of 2018 are in judicial custody since 02.04.2018 for the offences under Sections 147, 148, 294(b), 307, 323, 324, 341 and 506 (2) of I.P.C in Crime No.97 of 2018 on the file of the respondent Police. 2.Heard the learned counsel appearing for the petitioners. 3.The learned Government Advocate (Crl side) appearing for the respondent submits that the injured in these cases has since been discharge from the hospital.
4.Hence, this Court is inclined to grant bail to the petitioners 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 common sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate Court No.2, Nagercoil in Crl.O.P.(MD).No.7428 of 2018 and learned Judicial Magistrate Court, Boothapandy in Crl.O.P. (MD).No.7429 of 2018.
(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/- 28/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE NO.II, NAGERCOIL, 2 DO THOUGH THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT AT NAGERCOIL.
3 THE SUPERINTENDENT, CENTRAL PRISON, NAGERCOIL, 4 THE INSPECTOR OF POLICE, VADASERI POLICE STATION, 5 THE INSPECTOR OF POLICE, BOOTHAPANDY POLICE STATION, 6 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+2. CC to M/S.R.MANIMARAN Advocate SR.No.7948 & 7949.
ORDER
IN CRL OP(MD) No.7428 of 2018 Date :28/04/2018 SDS/CM:VR/GSR/28.04.2018/3P/9C