G.Senthilkumar 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.8856 of 2018 1 G.SENTHILKUMAR 2 J.PRABAKARAN ... PETITIONERS/ ACCUSED NO.2 & 5 Vs STATE REP.BY THE INSPECTOR OF POLICE, KALLAPERAMBUR POLICE STATION, THANJAVUR DISTRICT.

CRIME NO.50/2018 ... RESPONDENT / COMPLAINANT For Petitioners: Mr.M.RAMESH, 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 petitioners are arrayed as Accused Nos. 2 & 5. They were arrested and remanded to judicial custody on 16.05.2018, for the offences punishable under Sections 379 I.P.C and Section 21(1) of Mines and Minerals (Development & Regulation) Act, 1957, in Crime No.50 of 2018, on the file of the respondent police. They seek bail.

2.Heard the learned counsel for the petitioners. 3.The learned Government Advocate (Crl.Side) for the respondent submitted that the property in this case has been recovered and the petitioners are not having any previous case. 4.Considering the facts and circumstances of the case, this Court is inclined to grant bail to the petitioners. 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 No.II, Thanjavur.

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

TO

1. THE JUDICIAL MAGISTRATE NO.II, THANJAVUR.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

3. THE SUPERINTENDENT,CENTRAL PRISON, TRICHY.

4. THE INSPECTOR OF POLICE, KALLAPERAMBUR POLICE STATION, THANJAVUR DISTRICT.

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

+1. CC to Mr.M.RAMESH Advocate SR.No.9479

ORDER

IN CRL OP(MD) No.8856 of 2018 Date :05/06/2018 MS/PN/ASVM/05.06.2018/2P.7C https://hcservices.ecourts.gov.in/hcservices/