Ayyappan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Ninth day of June Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.10746 of 2018 AYYAPPAN ... PETITIONER / ACCUSED No.2 Vs STATE REP. BY THE INSPECTOR OF POLICE, THANJAVUR TALUK POLICE STATION, THANJAVUR DISTRICT.

(CRIME No.186 of 2018) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.K.M.KARUNAKARAN Advocate For Respondent : M/s.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 petitioner is in judicial custody since 17.06.2018. He has been arrested for the offences punishable under Section 379 I.P.C., r/w. Section 21(1) of Mines and Minerals Act, 1957, in Crime No.186 of 2018, on the file of the respondent police. He seeks bail. 2.Heard the learned counsel for the petitioner and the learned Government Advocate(Crl.Side) for the respondent. 3.The learned Government Advocate(Crl.Side) would submit that there is no previous case against the petitioner. 4.Taking into account the facts and circumstances of the case, this Court is inclined to enlarge 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.II, Thanjavur District.

(ii)the petitioner is directed to appear before the respondent police as and when required for interrogation. https://hcservices.ecourts.gov.in/hcservices/

(iii)the petitioner 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 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/- 29/06/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II, THANJAVUR DISTRICT.

2 - DO - THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR AT KUMBAKONAM.

3 THE INSPECTOR OF POLICE THANJAVUR TALUK POLICE STATION, THANJAVUR.

4 THE SUPERINTENDENT OF PRISON, CENTRAL PRISON, TRICHY.

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

+1. CC to M/S.K.M.KARUNAKARAN Advocate SR.No.11666

ORDER

IN CRL OP(MD) No.10746 of 2018 Date :29/06/2018 MR JM/PN/SAR 3/29.06.2018/2P/7C https://hcservices.ecourts.gov.in/hcservices/