Soran v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Fourteenth day of November Two Thousand Sixteen PRESENT The Hon`ble Mr Justice S.VAIDYANATHAN CRL OP(MD)Nos.21576 & 21582 of 2016 1 SORAN 2 SANKAR SELVAM ..PETITIONERS/ACCUSED 11 & 12 in Crl.OP(MD)No.21576/2016 1 MANI @ MANIKANDAN 2 KARUPPIAH 3 JOTHIRAJ ..PETITIONERS/ACCUSED 4,5 & 7 in Crl.OP(MD)No.21582/2016 Vs.
STATE REP.BY THE INSPECTOR OF POLICE, PERAIYUR POLICE STATION, MADURAI DISTRICT.
(CRIME NO.209 OF 2016 RESPECTIVELY) ..RESPONDENT/COMPLAINANT in both the petitions For Petitioner : M/S.A.K.MANICKAM Advocate in Crl.OP(MD)No.21576/2016 For Petitioner : M/S.K.K.RAMAKRISHNAN, Advocate in Crl.OP(MD)No.21582/2016 For Respondent : M/s.S.PRABHA, Government Advocate (Crl.Side) in both the petitions PETITIONS FOR BAIL Under Sec. 439 Cr.P.C.
ORDER : The Court Made the following order :- The petitioners, who were arrested and remanded to judicial custody on 04.11.2016 for the alleged offences punishable under Sections 147, 294(b), 417 and 306 IPC in Crime No.209 of 2016 on the file of the respondent police, seek bail.
2.The case of the prosecution is that these petitioners said to have gone along with the other accused and abused the victim girl, which made the victim girl to commit suicide. 3.According to the learned counsel for the petitioners, SoranA.11, has also made a complaint that there is a possibility of honour killing by the family members of the victim girl and the petitioners are innocent of the offences alleged against them. 4.Learned Government Advocate (crl.side) submitted that this Court has granted anticipatory bail to Accused Nos.6, 8 and 10 and the trial Court has granted bail to A.9 in Crl.M.P.No.5451 of 2016, dated 07.11.2016.
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5.Taking note of the fact that the petitioners are in judicial custody from 04.11.2016 and also taking note of the fact that coaccused were granted anticipatory bail, 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) each of 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, Peraiyur;
(ii) the petitioners are directed to appear before the respondent police daily at 10.30 a.m. until further orders;
(iii) the petitioners shall not tamper with the evidence or witness either during investigation or trial;
(iv) the petitioners shall not abscond either during investigation or trial;
(v)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 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/- 14/11/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, PERAIYUR, MADURAI DISTRICT. 2 -do-thro'THE CHIEF JUDICIAL MAGISTRATE,MADURAI. 3 THE ADDL.PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
4 THE INSPECTOR OF POLICE, PERAIYUR POLICE STATION, MADURAI DISTRICT.
5 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI. +1. CC to M/S.A.K.MANICKAM Advocate SR.No.68406 +1cc to M/s.K.K.Ramakrishnan, Advocate in SR.68407 ORDER IN CRL OP(MD)Nos.21576 & 21582 of 2016 Date :14/11/2016 PBK/SK-SKN/SAR-I 14/11/2016 ::2P-8C:
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