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Madras High CourtCRL OP(MD)/12134/2018granted

Rajasekar v. The Inspector Of Police

2018-07-17Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Seventeenth day of July Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.12134 of 2018 RAJASEKAR ... PETITIONER / ACCUSED No.2 Vs STATE THROUGH THE INSPECTOR OF POLICE, THIDEER NAGAR POLICE STATION, MADURAI CITY.

Crime N0.198/2018 ... RESPONDENT / COMPLAINANT For Petitioner : Mr.J.WILLIAM CHRISTOPHER Advocate For Respondent : Mr.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 custody since 19.03.2018 for the offences under Sections 341 and 307 of IPC altered into Section 341 and 302 of IPC altered into 120(b), 147, 148, 341, 302 of IPC, in Crime No.198 of 2018, on the file of the respondent police. He seeks bail. 2.The final report has been filed and the matter is pending at the committal stage. There are totally seven accused in this case. The petitioner is not having any previous case. 3.The learned Government Advocate (Criminal side) opposed the grant of bail saying that the petitioner's life itself is in danger, if he comes out on bail. Since, the petitioner is not having any previous case, this Court inclined to grant bail to the petitioner with certain conditions.

4. 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.V, Madurai.

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(ii)the petitioner is 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 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/- 17/07/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO.V, MADURAI.

2.THE CHIEF JUDICIAL MAGISTRATE,MADURAI.

3.THE INSPECTOR OF POLICE, THIDEER NAGAR POLICE STATION, MADURAI CITY.

4.THE SUPERINTENDENT,CENTRAL PRISON,MADURAI.

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

+1. CC to Mr.J.WILLIAM CHRISTOPHER Advocate SR.No.13215

ORDER

IN CRL OP(MD) No.12134 of 2018 Date :17/07/2018 MS/VR/GSR/17.07.2018/2P-7C https://hcservices.ecourts.gov.in/hcservices/