Karkuvel v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Fifth day of June Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.10226 of 2018 1 KARKUVEL 2 JEYAMURUGAN @ MURUGESAN 3 MURUGANANTHAM @ MURUGANTH 4 MANI MADASAMY ... PETITIONERS/ACCUSED Nos.1,2,3,6 Vs STATE REPRESENTED BY THE INSPECTOR OF POLICE MUTHAIAHPURAM POLICE STATION, TUTICORIN DISTRICT IN CRIME NO.81 OF 2018 ... RESPONDENT/COMPLAINANT For Petitioners : Mr.V.MALAIYENDRAN 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 in judicial custody since 19.04.2018 and 20.04.2018 for the offences punishable under Sections 302 I.P.C @ 147, 148, 120(b), 341, 294(b) and 302 I.P.C in Crime No.81 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 first petitioner is having one previous case. Hence, he opposed the grant of bail to the first petitioner. 4.Taking note of the facts and circumstances, this Court is not inclined to grant bail to the first petitioner. Accordingly, this Criminal Original Petition is dismissed in respect of the first petitioner.

5.Considering the facts and circumstances, this Court is inclined to enlarge the Petitioner Nos. 2 to 4 on bail with certain conditions. Accordingly, the Petitioner Nos. 2 to 4 are ordered to be released on bail, subject to the following conditions; https://hcservices.ecourts.gov.in/hcservices/

(i) the Petitioner Nos. 2 to 4 shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) with two common sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Tuticorin.

(ii)the Petitioner Nos. 2 to 4 are directed to appear before the respondent police as and when required for interrogation. (iii)the Petitioner Nos. 2 to 4 shall not abscond. (iv)on breach of any of the aforesaid conditions, the Magistrate/Trial Court is entitled to take appropriate action against the Petitioner Nos. 2 to 4 in accordance with law as if the conditions have been imposed and the Petitioner Nos. 2 to 4 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/- 25/06/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II, TUTICORIN DISTRICT 2 THE CHIEF JUDICIAL MAGISTRATE TUTICORIN DISTRICT 3 THE INSPECTOR OF POLICE MUTHAIAHPURAM POLICE STATION, TUTICORIN DISTRICT 4 THE SUPERINTENDENT CENTRAL PRISON, PALAYAMKOTTAI 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.V.MALAIYENDRAN Advocate SR.No.11215

ORDER

IN CRL OP(MD) No.10226 of 2018 Date :25/06/2018 SMA/CSL/RNB/25.06.2018:2P/7C https://hcservices.ecourts.gov.in/hcservices/