Periyasamy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Second day of June, Two Thousand and Eighteen PRESENT The Hon'ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.10227 of 2018 PERIYASAMY ... PETITIONER / ACCUSED RANK NOT KNOWN Vs THE STATE REP BY THE INSPECTOR OF POLICE ARUMUGANERI POLICE STATION, THOOTHUKUDI DISTRICT.

(IN CR NO. 80 OF 2018) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.C.SARAVANAKUMAR Advocate For Respondent : M/S.A.ROBINSON, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner is in custody since 25.04.2018 for the offences under Sections 147, 148, 341, 294(b) and 302 of I.P.C. in Crime No.80 of 2018.

2.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. side) appearing for the respondent.

3.It is seen that the deceased is a notorious rowdy. The petitioner's name is not mentioned in the First Information Report. Till date identification parade also has not been conducted. 4.Considering the facts and circumstances of the case, this Court is inclined to grant bail to the petitioner with certain condition. 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, Thiruchendur.

(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 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/- 22/06/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE THIRUCHENDUR 2 THE CHIEF JUDICIAL MAGISTRATE THOOTHUKUDI 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE INSPECTOR OF POLICE, ARUMUGANERI POLICE STATION, THOOTHUKUDI

5 THE SUPERINTENDENT CENTRAL PRISON, PALAYAMKOTTAI +1. CC to M/S.C.SARAVANAKUMAR, Advocate, SR.No.11174

ORDER

IN CRL OP(MD) No.10227 of 2018 Date :22/06/2018 KK/MS/ASVM/22.06.2018/3P-7C