Prabakaran v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Fourth day of June Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.7995 of 2018 1 PRABAKARAN 2 ASWANTH KUMAR ... PETITIONERS/ ACCUSED 2 & 3 Vs STATE REP.BY THE SUB INSPECTOR OF POLICE ARAVAYAL POLICE STATION, SIVAGANGAI DISTRICT.

CRIME NO.25 OF 2018 ... RESPONDENT / COMPLAINANT For Petitioners: Mr.K.RAJESHWARAN Advocate For Respondent : Mr.A.ROBINSON, Government 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.2 and 3. They were arrested and remanded to judicial custody on 08.04.2018 for the offences punishable under Sections 341, 294(b), 323, 324, 307 @ 147, 148, 341, 294(b), 323, 324, 307 and 302 IPC, in Crime No.25 of 2018, on the file of the respondent police. They seek bail. 2.It is seen that there was a quarrel among the college students. The victim also died few days later. The petitioners are not having any bad antecedents.

3.Heard the learned Government Advocate (Crl.Side). 4.Taking note of the facts and circumstances of the case, this Court is 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 execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Devakottai.

https://hcservices.ecourts.gov.in/hcservices/ (ii)the petitioners are directed to appear before the respondent police as and when required for interrogation.

(iii)the petitioners shall not abscond.

(iv)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/- 04/06/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE, DEVAKOTTAI.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.

3. THE OFFICER INCHARGE, BORSTAL SCHOOL, PUDUKOTTAI.

4. THE SUB INSPECTOR OF POLICE ARAVAYAL POLICE STATION, SIVAGANGAI DISTRICT.

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

+1. CC to Mr.K.RAJESHWARAN Advocate SR.No.9361

ORDER

IN CRL OP(MD) No.7995 of 2018 Date :04/06/2018 MS/PN/VK/04.06.2018/2P.7C https://hcservices.ecourts.gov.in/hcservices/