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Madras High CourtCRL OP(MD)/10787/2018granted

Sathiyendran v. The Inspector Of Police

2018-06-29Honourable Mr Justice G.R.Swaminathan2 pages

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.10787 of 2018 1 SATHIYENDRAN 2 JOTHYRAJA ... PETITIONER / ACCUSED No.3 & 11 Vs STATE REP. BY THE INSPECTOR OF POLICE, KAMUDHI POLICE STATION, RAMANATHAPURAM DISTRICT.

(CR NO. 135/2018) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.C.MAYILVAHANA RAJENDRAN Advocate For Respondent : M/s. 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 18.06.2018, for the offences punishable under Sections 147, 148, 294(b), 427, 506 (ii) I.P.C., r/w. Section 3 of TNPPDL Act in Crime No.135 of 2018, on the file of the respondent police. They seek bail. 2.Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.Side) for the respondent. 3.The learned Counsel for the petitioners would submit that the co-accused have been granted anticipatory bail by this Court. 4.Taking into account the facts and circumstances of the case, this Court is inclined to enlarge the petitioners on bail with certain conditions. Accordingly, the petitioners are ordered to be released on bail, subject to the following conditions; (i)the petitioners shall execute a bond each 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 cum Munsif, Kamudhi.

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(ii)the petitioners are directed to appear before the respondent police as and when required for interrogation. (iii)the petitioners shall not abscond.

(iv)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 themselves 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 CUM MUNSIF, KAMUDHI.

2 -D0- THRO THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

3 THE INSPECTOR OF POLICE, KAMUDHI POLICE STATION, RAMANATHAPURAM DISTRICT.

4 THE SUPERINTENDENT OF PRISON, DISTRICT JAIL, RAMANATHAPURAM.

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

+1. CC to M/S.C.MAYILVAHANA RAJENDRAN Advocate SR.No.11739

ORDER

IN CRL OP(MD) No.10787 of 2018 Date :29/06/2018 MR JM/PN/RNB/29.06.2018/2P/7C https://hcservices.ecourts.gov.in/hcservices/