Murugesan, S/O.Mani, v. The Inspector Of Police

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.10894 of 2018 MURUGESAN ... PETITIONER / ACCUSED No.10 Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE, ATHIRAMPATTINAM POLICE STATION, THANJAVUR DISTRICT.CR.NO.96 OF 2018. ... RESPONDENT / COMPLAINANT For Petitioner : Mr.S.RAJAPRABU 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 30.05.2018 for the offences punishable under Sections 147, 148, 324, 323, 307, 302 and 506(ii) I.P.C., in Crime No.96 of 2018, on the file of the respondent police. He seeks bail.

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

3.The petitioner is shown as Accused No.10 in Crime No.96 of 2018 on the file of the respondent police. It is a case of double murder. It is seen that the petitioner did not inflict the fatal injury on the deceased. He is not having any previous case. However, the learned Government Advocate (Crl.Side) opposed the grant of bail by citing that the situation in the locality is still tensed. 4.The learned counsel for the petitioner undertook that the petitioner will stay within the town limits of Thanjavur for 60 days. He also undertook that no application for relaxation will be filed for any reason.

5.Recording the aforesaid submission, 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;

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(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, Pattukottai.

(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, PATTUKKOTTAI.

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

3 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.

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

5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to Mr.S.RAJAPRABU Advocate SR.No.11852.

ORDER

IN CRL OP(MD) No.10894 of 2018 Date :02/07/2018 https://hcservices.ecourts.gov.in/hcservices/ SDS/MMS/ASVM/02.07.2018/2P/7C