Sutti Murugan@Murugan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fifth day of June Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.8780 of 2018 SUTTI MURUGAN @ MURUGAN ... PETITIONER /2nd ACCUSED Vs STATE REP.BY THE INSPECTOR OF POLICE, KALAKKAD POLICE STATION, TIRUNELVELI DISTRICT.

CRIME NO.487/2017 ... RESPONDENT / COMPLAINANT For Petitioner : Mr.M.S.JEYAKARTHIK, Advocate For Respondent : Mr.A.P.G.OHM CHAIRMA PRABHU, Govt. 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.2. He was arrested and remanded to judicial custody on 16.04.2018 for the offence punishable under Section 397 I.P.C., in Crime No.487 of 2017, on the file of the respondent police. He seeks bail.

2. Heard the learned counsel appearing for the petitioner. 3.The learned Government Advocate (Crl.Side) appearing for the respondent police submits that there are as many as 13 criminal cases registered against the petitioner.

4.This Court went through the contents of the F.I.R. They do not inspire the confidence of this Court. However, this observation is made only for the purpose of granting relief in this petition. It shall not be taken advantage of the petitioner in any other proceedings. The occurrence is said to have taken place on 22.12.2017. The investigation must have been definitely over by now. 5.In view of the above, 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;

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(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, Nanguneri.

(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/- 05/06/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE, NANGUNERI.

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

3. THE SUPERINTENDENT,CENTRAL PRISON, PALAYMKOTTAI.

4. THE INSPECTOR OF POLICE, KALAKKAD POLICE STATION, TIRUNELVELI DISTRICT.

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

+1. CC to Mr.M.S.JEYAKARTHIK Advocate SR.No.9560

ORDER

IN CRL OP(MD) No.8780 of 2018 Date :05/06/2018 MS/PN/ASVM/05.06.2018/2P.7C https://hcservices.ecourts.gov.in/hcservices/