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Madras High CourtCRL OP(MD)/10101/2018granted

K.M.Ramanathan v. The Inspector Of Police

2018-06-20Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twentieth day of June Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.10101 of 2018 K.M.RAMANATHAN ... PETITIONER/ACCUSED RANK NOT KNOWN Vs THE STATE REP BY THE INSPECTOR OF POLICE NAGAMALAI PUDUKOTTAI POLICE STATION, MADURAI MADURAI DISTRICT CRIME No.325 of 2018 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.S.PALANIVELAYUTHAM Advocate For Respondent : MR.A.ROBINSON, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner has been implicated in Crime No.325 of 2018 for the offences under Sections 147, 148, 323, 365, 342, 294(b), 387, 506(ii), 397, 364(A), 465, 468, 471 of I.P.C. and r/w 66C and 72 of Information Technology Tax Act, 2000.

2.The victims in this case were kept in illegal confinement in the place belonging to the petitioner. It appears that the petitioner's son is the brain behind the entire operation. The petitioner has been roped in on the strength of the confession obtained from the principal accused.

3.The learned Government Advocate (Crl. side) appearing for the respondent opposes the grant of bail to the petitioner. 4.The petitioner is aged about 72 years. It is not the case of the prosecution that the petitioner was residing in the very same place where the victims were kept in illegal confinement. It is quite possible that the petitioner was not aware of whatever has happened.

https://hcservices.ecourts.gov.in/hcservices/ 5.Taking note of all these aspects, this Court is inclined to grant the petitioner on bail with certain conditions. Accordingly,

the petitioner is ordered to be released on bail, subject to the following conditions;

(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 No.VI, Madurai, Madurai District.

(ii)the petitioner is 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 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/- 20/06/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.VI, MADURAI, MADURAI DISTRICT 2 THE CHIEF JUDICIAL MAGISTRATE MADURAI DISTRICT 3 THE INSPECTOR OF POLICE NAGAMALAI PUDUKOTTAI POLICE STATION, MADURAI, MADURAI DISTRICT 4 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI, MADURAI DISTRICT 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.S.PALANIVELAYUTHAM Advocate SR.No.10892

ORDER

IN CRL OP(MD) No.10101 of 2018 Date :20/06/2018 SMA/PN/GSR/20.06.2018:2P/7C https://hcservices.ecourts.gov.in/hcservices/