Muniyasamy @ Peesukutty v. The Inspector Of Police
CRL OP(MD). No.5858 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/06/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.5858 of 2020 Muniyasamy @ Peesukutty, ... Petitioner/Accused No.1 Vs The State represented by The Inspector of Police, Uchipuli Police Station, Ramanathapuram District.
Crime No.259 of 2020.
... Respondent/Complainant For Petitioner : M/s I.Pinaygash, Advocate.
For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- To enlarge the Petitioner/Accused No.1 on Bail in Cr.No.259 of 2020 dated 12.05.2020 on the file of the Respondent Police and pass such further or other orders as this Court.
ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl. Side) appearing for the respondent.
2. The petitioner is arrayed as accused No.1. He was arrested and remanded to Judicial Custody on 13.05.2020 for the offences punishable under sections 294(b), 353, 379, 506(ii) of I.P.C., and Section 21(4) of Mines and Minerals (Development and Regulation) Act 1957 and Sections 25(1)(b) and 25(1-B)(a) of Arms Act 1959 in Crime No.259 of 2020 on the file of the respondent police. He seeks bail.
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CRL OP(MD). No.5858 of 2020
3. Taking note of the overall facts and circumstances of this case, I am 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;
(i) the petitioner shall be released on own bond by the Magistrate without insisting on sureties. However, the petitioner is directed to 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, Ramanathapuram District, after the concerned Court is reopened. (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/- 10/06/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
TO
1. THE JUDICIAL MAGISTRATE NO.II, RAMANATHAPURAM DISTRICT.
2. THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.
3. THE SUPERINTENDENT,CENTRAL PRISON, MADURAI..
4. THE INSPECTOR OF POLICE, UCHIPULI POLICE STATION, RAMANATHAPURAM DISTRICT.
5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT,MADURAI.
ORDER
IN CRL OP(MD) No.5858 of 2020 Date :10/06/2020 PMU AE/PN/SAR-III (10.06.2020) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2