Sethu v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Ninth day of July Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.10906 of 2018 1 SETHU 2 VELUCHAMY 3 NAGAPANDUVAN 4 UMA MAHESWARAN ... PETITIONERS / ACCUSED Nos.1,3,5 & 7 Vs THE SUB INSPECTOR OF POLICE THONDI POLICE STATION, RAMANATHAPURAM DISTRICT.

(Ref.CRIME No.68/2018).

... RESPONDENT / COMPLAINANT For Petitioner : Mr.D.SHANMUGARAJA SETHUPAHI 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 first petitioner herein is in judicial custody since 29.05.2018. The second petitioner is in judicial custody since 08.06.2018 while the third and fourth petitioner are in judicial custody since 01.06.2018 for the offences punishable under Sections 147, 148, 436, 324, 307 and 302 of IPC in Crime No.68 of 2018 on the file of the respondent police. They seek bail. 2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondent police. 3.The occurrence in question had taken place following a group clash. Injuries were sustained on both sides. Taking into account all these aspects, 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 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 District Munsif cum Judicial Magistrate, Thiruvadanai.

(ii)The petitioners shall appear before the respondent police as and when required for interrogation.

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(iii) The petitioners shall not abscond.

(iv)On breach of any of the aforesaid conditions, the learned 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 petitioner released on bail by the learned 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/- 09/07/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, THIRUVADANAI.

RAMANATHAPURAM DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

3 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

4 THE SUB INSPECTOR OF POLICE THONDI POLICE STATION, RAMANATHAPURAM.

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

+1. CC to Mr.D.SHANMUGARAJA SETHUPAHI Advocate SR.No.12484.

ORDER

IN CRL OP(MD) No.10906 of 2018 Date :09/07/2018 https://hcservices.ecourts.gov.in/hcservices/ SDS/MMS/GSR/09.07.2018/2P/7C