Mukesh v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Eleventh day of June Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.9390 of 2018 1 MUKESH 2 ARUNKUMAR ... PETITIONERS/ACCUSED No.1 AND 2 Vs STATE REPRESENTED BY, THE INSPECTOR OF POLICE, BAZAAR POLICE STATION, RAMANATHAPURAM, RAMANATHAPURAM DISTRICT.

IN CRIME NO.113 OF 2018 ... RESPONDENT/COMPLAINANT For Petitioners : MR.R.MURUGAN, 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 petitioners are accused Nos.1 and 2. They were arrested and remanded to judicial custody on 28.05.2018 for the offences punishable under Sections 147, 148, 294(b) and 506(ii) IPC and Section 3 of TNPPDL Act r/w 4 of TNPWH Act in Crime No.113 of 2018, on the file of the respondent police. They seek bail. 2.The petitioners are in custody since 28.05.2018 for offences under Sections 147, 148, 294(b) and 506(ii) IPC and Section 3 of TNPPDL Act r/w 4 of TNPWH Act. The learned counsel for the petitioners submits that at the time of executing the sureties they will also deposit a sum of Rs.5,000/- (Rupees Five Thousand only) in all. The said amount can be withdrawn by the defacto complainant.

3. Recording the undertaking of the learned counsel for the petitioners, this Court is inclined to grant bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released on bail, subject to the following conditions; https://hcservices.ecourts.gov.in/hcservices/ (i) the petitioners 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.I, Ramanathapuram;

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/- 11/06/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I, RAMANATHAPURAM DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

3 THE INSPECTOR OF POLICE BAZAAR POLICE STATION, RAMANATHAPURAM 4 THE OFFICER-IN-CHARGE, DISTRICT PRISON, RAMANATHAPURAM DISTRICT.

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

+1. CC to MR.R.MURUGAN, Advocate SR.No.10025

ORDER

IN CRL OP(MD) No.9390 of 2018 Date :11/06/2018 PK/PN/ASVM/11.06.2018 : 2P/7C https://hcservices.ecourts.gov.in/hcservices/