M. Sathish Kumar @ Pleasar v. The 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.8653 of 2018 M.SATHISH KUMAR @ PLEASAR ... PETITIONER / ACCUSED NO.4 Vs STATE REP.BY THE INSPECTOR OF POLICE, MUTHIAHPURAM POLICE STATION, TUTICORIN DISTRICT.

IN CRIME NO.81 OF 2018 ... RESPONDENT / COMPLAINANT For Petitioner : Mr.K.SIVABALAN, 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 petitioner is arrayed as Accused No.4. He was arrested and remanded to judicial custody on 19.04.2018 for the offences punishable under Sections 302 IPC @ 147, 148, 120(b), 341, 294(b), 302 IPC, in Crime No.81 of 2018 on the file of the respondent police. He seeks bail.

2.One Chellappa was done to death on 18.04.2018 and in the First Information Report, one Karkuvel and one Murugesan were specifically named. The petitioner is said to be their friend and he was implicated only based on the confession of the main accused. The petitioner is not having any other previous cases. 3.Heard the learned Government Advocate (Crl. Side). 4.Taking note of all these aspects, this Court is 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 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, Tuticorin.

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

(iii)the petitioner shall not abscond.

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

TO

1. THE JUDICIAL MAGISTRATE NO.II, TUTICORIN.

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

3. THE SUPERINTENDENT,CENTRAL PRISON, PALAYAMKOTTAI.

4. THE INSPECTOR OF POLICE, MUTHIAHPURAM POLICE STATION, TUTICORIN DISTRICT.

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

+1. CC to Mr.K.SIVABALAN Advocate SR.No.9461

ORDER

IN CRL OP(MD) No.8653 of 2018 Date :04/06/2018 MS/PN/VK/04.06.2018/2P.7C https://hcservices.ecourts.gov.in/hcservices/