Somu v. The Sub-Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fourth day of July Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.11100 of 2018 1 SOMU 2 GNANAPRAKASAM ... PETITIONERS/ACCUSED No.1 & 2 Vs STATE REPRESENTED BY THE SUB-INSPECTOR OF POLICE GANGAIKONDAN POLICE STATION, TIRUNELVELI DISTRICT IN CRIME No.93 of 2018 ... RESPONDENT / COMPLAINANT For Petitioners : M/S.S.SUNDARAPANDIAN 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 petitioners are in judicial custody since 27.06.2018 for the offences punishable under Sections 294(b), 353, 307, 379 I.P.C and Section 21(4) of Mines and Minerals (Development and Regulation) Act, in Crime No.93 of 2018 on the file of the respondent police. They seek bail.

2.The learned Government Advocate(Crl.Side) for the respondent opposed the grant of bail by citing antecedents of the petitioners. 3.The learned counsel appearing for the petitioners undertakes that a sum of Rs.5,000/- (Rupees five thousand only) will be remitted towards Chief Justice Relief Fund, Madurai Bench of Madras High Court, Madurai by tomorrow (05.07.2018). 4.Subject to this condition, this Court is inclined to grant bail to the petitioners. Accordingly, the Petitioners are ordered to be released on bail, subject to the following conditions; (i) the Petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.III, Tirunelveli.

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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 are 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/- 04/07/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.III, TIRUNELVELI 2 THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI DISTRICT 3 THE SUB-INSPECTOR OF POLICE GANGAIKONDAN POLICE STATION, TIRUNELVELI 4 THE SUPERINTENDENT CENTRAL PRISON, PALAYAMKOTTAI, TIRUNELVELI DISTRICT 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI Copy to:

THE SECTION OFFICER, ACCOUNTS SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.S.SUNDARAPANDIAN Advocate SR.No.12025

ORDER

IN CRL OP(MD) No.11100 of 2018 Date :04/07/2018 SMA/CM/RNB/04.07.2018:2P/8C https://hcservices.ecourts.gov.in/hcservices/