Madras High CourtCRL OP(MD)/7720/2018dismissed with direction

Marimuthu, v. The Inspector Of Police,

2018-05-09Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Ninth day of May Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.7720 of 2018 1 MARIMUTHU 2 SUBBIAH ... PETITIONERS / ACCUSED Vs THE STATE REP.BY THE INSPECTOR OF POLICE, SATTUR TALUK POLICE STATION, SATTUR, VIRUDHUNAGAR DISTRICT.

(CR.NO.174/2017).

... RESPONDENT / COMPLAINANT For Petitioner : M/S.P.KALAIYARASI BHARATHI Advocate For Respondent : M/S.ROBINSON, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners are arrayed as Accused Nos.1 and 2. They were arrested and remanded to judicial custody on 06.03.2018 for the offences punishable under Section 174 Cr.P.C @ 147, 148, 201, 202, 203, 120(B) and 302 I.P.C read with Section 34 I.P.C, in Crime No.174 of 2017, on the file of the respondent police. They seek bail.

2.The petitioners stand accused of offences under Section 174 Cr.P.C @ 147, 148, 201, 202, 203, 120(B) and 302 I.P.C read with Section 34 I.P.C, wherein earlier bail application was dismissed by this Court on 24.04.2018. While dismissing the petition, this Court made it clear that only after filing the final report, their bail application can be entertained. As on date, final report has been made ready and awaiting for PP opinion and therefore, it could not https://hcservices.ecourts.gov.in/hcservices/ be filed.

3.This Court makes it clear that if the final report is filed, it is open to the petitioners to move the Sessions Court for bail and it is not necessary for the petitioners to once again move this Court. Taking into consideration the fact that this Court will not hold any vacation sitting, liberty is given to the petitioners. 4.With the above observations, this Criminal Original Petition is dismissed with liberty.

sd/- 09/05/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE SUPERINTENDENT CENTRAL PRISON, MADURAI.

2 THE INSPECTOR OF POLICE, SATTUR TALUK POLICE STATION, SATTUR, VIRUDHUNAGAR DISTRICT.

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

+1. CC to M/S.P.KALAIYARASI BHARATHI Advocate SR.No.8389.

ORDER

IN CRL OP(MD) No.7720 of 2018 Date :09/05/2018 SDS/PN/VK/10.05.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/