Perumal v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/06/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN

1. Perumal,

2. Kanagambal, ... Petitioners/Accused Nos.2 & 3 Vs The Inspector of Police, Thanjavur Taluk Police Station, Thanjavur District.

(Crime.No. 432 of 2019).

... Respondent/Complainant For Petitioners : M/s.R.Murugan, Advocate.

For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime.No. 432 of 2019 on the file of the respondent police.

ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioners and the learned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioners are arrayed as accused Nos.2 and 3. They were arrested and remanded to Judicial Custody on 25.05.2020 for the offences punishable under sections 294(b), 302 and 109 of I.P.C., in Crime No.432 of 2019 on the file of the respondent police. They seek bail.

3. Accused No.1 is the main accused. He was arrested and also granted bail. The petitioners are the parents of accused No.1 and they are said to have instigated the first accused. 1/3

4. Considering the nature and circumstances obtaining in this case, I am inclined to enlarge the petitioners on bail with certain conditions. Accordingly, the petitioners are ordered to be released on bail, subject to the following conditions; (i) the petitioners shall be released on own bond by the Magistrate without insisting on sureties. However, the petitioners are 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, Thanjavur, Thanjavur District, after the concerned Court is reopened. (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/- 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 TO

1. THE JUDICIAL MAGISTRATE NO.II, THANJAVUR, THANJAVUR DISTRICT.

2. DO THRO' THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

3. THE OFFICER INCHARGE, SPECIAL PRISON FOR WOMEN, TRICHY, TRICHY DISTRICT.

4. THE OFFICER INCHARGE, SUB JAIL, THANJAVUR, THANJAVUR DISTRICT.

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5. THE INSPECTOR OF POLICE, THANJAVUR TALUK POLICE STATION, THANJAVUR DISTRICT.

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

ORDER

IN CRL OP(MD) No.5990 of 2020 Date :11/06/2020 PMU AE/PN/SAR-III (11.06.2020) 3P 7C 3/3