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Madras High CourtCRL OP(MD)/11393/2018dismissed

Sivasakthibalan v. The Inspector Of Police

2018-07-09Honourable Mr Justice G.R.Swaminathan2 pages

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.11393 of 2018 SIVASAKTHIBALAN ... PETITIONER /SOLE ACCUSED Vs STATE REP.BY THE INSPECTOR OF POLICE, ANNA NAGAR POLICE STATION, MADURAI.

CRIME NO.350 OF 2018 ... RESPONDENT / COMPLAINANT For Petitioner : MR.K.SARAVANA BAGAVATHY, 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 petitioner is in judicial custody since 14.04.2018 for the offences punishable under Sections 366(A), of IPC and 5L, 6 of POSCO Act, 2012, in Crime No.350 of 2018 on the file of the respondent police. He seeks bail.

2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondent police. 3.The petitioner is in custody almost 85 days. Investigation appears to be substantially over. Taking into account the period of incarceration, 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 No.VI, Madurai.

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

https://hcservices.ecourts.gov.in/hcservices/ (iii) The petitioner 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 petitioner 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 JUDICIAL MAGISTRATE NO.VI, MADURAI.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3. THE SUPERINTENDENT,CENTRAL PRISON, MADURAI.

4. THE INSPECTOR OF POLICE, ANNA NAGAR POLICE STATION, MADURAI.

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

+1. CC to MR.K.SARAVANA BAGAVATHY Advocate SR.No.12474

ORDER

IN CRL OP(MD) No.11393 of 2018 Date :09/07/2018 MS/VR/GSR/09.07.2018/2P.7C https://hcservices.ecourts.gov.in/hcservices/