Madras High CourtCRL OP(MD)/10897/2018granted

Manikandan, v. The Inspector Of Police

2018-07-02Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Second day of July Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.10897 of 2018 MANIKANDAN ... PETITIONER / ACCUSED Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE, BUDALUR POLICE STATION, THANJAVUR DT. CR.NO.133 OF 2018. ... RESPONDENT / COMPLAINANT For Petitioner : Mr.S.MUTHUMALAIRAJA 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 14.06.2018 for the offences punishable under Sections 379 I.P.C and r/w 21(1) of Mines and Minerals Act, 1957, in Crime No.133 of 2018 on the file of the respondent police. He seeks bail.

2.Heard the learned counsel for the petitioner. 3.The learned Government Advocate(Crl.Side) for the respondent submitted that there is no previous case against the petitioner. 4.Taking note of the facts and circumstances, 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, Thiruvaiyaru.

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

(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/- 02/07/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, THIRUVAIYAUR.

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

3 THE SUPERINTENDENT, CENTRAL JAIL, TRICHY.

4 THE INSPECTOR OF POLICE BUDALUR POLICE STATION, THANJAVUR DISTRICT.

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

+1. CC to Mr.S.MUTHUMALAIRAJA Advocate SR.No.11804.

ORDER

IN CRL OP(MD) No.10897 of 2018 Date :02/07/2018 SDS/MMS/ASVM/02.07.2018/2P/7C https://hcservices.ecourts.gov.in/hcservices/