Madras High CourtCRL OP(MD)/6757/2020granted

Marirajan v. The Inspector Of Police

2020-06-29Honourable Mr Justice V. Bharathidasan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/06/2020 PRESENT The Hon'ble Dr.Justice G.JAYACHANDRAN

1. Marirajan

2. Vijayakumari

3. Karthick

4. Kumaresan

5. Udayanasamy ... Petitioners/Accused Nos.A1,A2,A3,A4,A6 Vs The State Rep. by The Inspector of Police, Lalgudi Police Station, Cr.No. 1446 of 2020.

(On the File of Inspector of Police, Lalgudi Police Station). ... Respondent/Complainant For Petitioners : M/s R.Sureshkumar, Advocate.

For Respondent : Mr.R.Anandharaj, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- To release the petitioners on bail in Cr.No.1446 of 2020 on the file of Inspector of Police, Lalgudi Police Station, pending investigation with such terms and conditions. ORDER : The Court made the following order :- This petition has been filed by the petitioners/ accused seeking bail for the alleged offence punishable under Sections 147,148,294(b),342, 364 and 506(ii) IPC.

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2. Matter arising of matrimonial dispute leading the complaint given by the husband of the first petitioner's daughter.

3. The learned counsel for the petitioners would submit that the parties have arrived at compromise and they want to settle the dispute amicably.

4. Recording the same,this Court is inclined to grant bail to the petitioners subject to the following conditions: 5.Accordingly, the petitioners are ordered to be released on bail on their executing a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only)each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate,Lalgudi i) the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity;

ii) the petitioners shall report before the respondent police daily at 10.30 a.m until further orders.

iii)the petitioners shall not tamper with evidence or witness. iv) the petitioners shall not abscond during trial. v)On breach of any of the aforesaid conditions, the learned 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 learned 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]. vi) If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 29/06/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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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.

1. THE JUDICIAL MAGISTRATE, LALGUDI, TRICHY DISTRICT.

2. THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.

3. THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.

4. THE INSPECTOR OF POLICE, LALGUDI POLICE STATION, TRICHY DISTRICT.

5. THE OFFICER IN CHARGE, SPECIAL PRISON FOR WOMEN, TRICHY.

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

ORDER

IN CRL OP(MD) No.6757 of 2020 Date :29/06/2020 AAV TE/VR/SAR-III : 29/06/2020 : 3P/7C 3/3