Viswanath v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Third day of July Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.10996 of 2018 1 VISWANATH 2 PRAKASH ... PETITIONERS/ ACCUSED NO.1 & 3 Vs STATE REP.BY THE INSPECTOR OF POLICE, THANJAVUR EAST POLICE STATION, THANJAVUR DISTRICT.

CRIME NO.207 OF 2018 ... RESPONDENT / COMPLAINANT For Petitioners: MR.A.THIRUVADI KUMAR, Advocate For Respondent : Mr.A.ROBINSON, Government Advocate(Crl.Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners are arrayed as Accused No.1 & 3. They are arrested and remanded to judicial custody on 21.06.2018 for the offences punishable under Sections 341, 307 and 506(ii) IPC, in Crime No.207 of 2018, on the file of the respondent police. They seek bail.

2.The counsel for the petitioners submits that the defacto complainant is accused in a case of murder of the father of the first petitioner herein. Thereafter, this case has been falsely registered. The Government Advocate (Criminal side) submits the petitioners are not having any previous case. 3.Taking note of the facts and circumstances of the case, this Court is inclined to grant bail to the petitioners 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 Judicial Magistrate No.I, Thanjavur.

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

(iii)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 himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005) AIR SCW 5560].

sd/- 03/07/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE NO.I, THANJAVUR.

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

3. THE SUPERINTENDENT,CENTRAL PRISON, TIRUCHIRAPPALLI.

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

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

+1. CC to MR.A.THIRUVADI KUMAR Advocate SR.No.11952

ORDER

IN CRL OP(MD) No.10996 of 2018 Date :03/07/2018 MS/VR/GSR/03.07.2018/2P.7C https://hcservices.ecourts.gov.in/hcservices/