Satheesh Kumar v. The Inspector Of Police

CRL OP(MD). No.5967 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/06/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.5967 of 2020 Satheesh Kumar ... Petitioner/Sole Accused Vs The state represented by its, The Inspector of Police, Chathirakudi Police Station, Ramanathapuram District.

Cr.No.154 of 2020.

... Respondent/Complainant For Petitioner : M/s.M.S.Jeyakarthik, 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 on bail in connection with the F.I.R in Cr.no.154/2020.

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 the sole accused. He was arrested and remanded to Judicial Custody on 19.05.2020 for the offences punishable under sections 376 and 511 of I.P.C., in Crime No.154 of 2020 on the file of the respondent police. He seeks bail.

3. The petitioner through his counsel gives an undertaking that he will totally keep off from the victim hereafter. This undertaking has been given taking note of the fact that the victim and the petitioner are neighbours. If this undertaking is breached by the petitioner, I will not hesitate to cancel this bail.

4. Recording the said undertaking given by the petitioner, 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.5967 of 2020 Rs.10,000/-(Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Paramakudi, 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/- 11/06/2020 / 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.

pmu TO 1 THE JUDICIAL MAGISTRATE, PARAMAKUDI, RAMANATHAPURAM DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

3 THE OFFICER IN-CHARGE, DISTRICT JAIL, VIRUDHUNAGAR.

4 THE INSPECTOR OF POLICE CHATHIRAKUDI POLICE STATION, RAMANATHAPURAM DISTRICT.

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

ORDER IN CRL OP(MD) No.5967 of 2020 Date :11/06/2020 MK RSK SAR-3 (11.06.2020) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2