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Madras High CourtCRL OP(MD)/11452/2018granted

Mahendran 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.11452 of 2018 1 MAHENDRAN 2 KATHIRAVAN ... PETITIONERS / ACCUSED No.1 & 2 Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE, KODAIKANAL POLICE STATION, DINDIGUL DISTRICT.

CRIME No.190 of 2018.

... RESPONDENT / COMPLAINANT For Petitioners : Mr.C.S.MANISEKHARAN 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 petitioners are in judicial custody since 14.06.2018 for the offences punishable under Section 392 IPC Crime No.190 of 2018 on the file of the respondent police. They seek bail. 2.Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.Side) appearing for the respondent police. 3.This Court went through the contents of the First Information Report. The learned Government Advocate (Crl.side) opposes the grant bail to the petitioners. However, taking note of 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 Judicial Magistrate Court, Kodaikanal, Dindigul District.

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

(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 petitioners 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, KODAIKANAL, DINDIGUL DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT.

3 THE OFFICER INCHARGE, DISTRICT PRISON, DINDIGUL.

4 THE INSPECTOR OF POLICE, KODAIKANAL POLICE STATION, DINDIGUL.

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

+1. CC to Mr.C.S.MANISEKHARAN Advocate SR.No.12506.

ORDER

IN CRL OP(MD) No.11452 of 2018 Date :09/07/2018 https://hcservices.ecourts.gov.in/hcservices/ SDS/MMS/GSR/09.07.2018/2P/7C