Gurusamy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Tenth day of July Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.11512 of 2018 1 GURUSAMY 2 KARUPPASAMY ... PETITIONERS / ACCUSED A1 & A5 Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE, VIRUDHUNAGAR WEST POLICE STATION, VIRUDHUNAGAR DISTRICT, IN CR NO. 636 OF 2018. ... RESPONDENT / COMPLAINANT For Petitioner : Mr.S.MUTHAL RAJ 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 petitioners are in judicial custody since 24.06.2018 for the offence punishable under Section 399 I.P.C. in Crime No.636 of 2018 on the file of the respondent police. They seek bail. 2.Heard the learned counsel for the petitioners. 3.The learned Government Advocate(Crl.Side) points out that the first petitioner is having 14 previous cases. But, it appears that all of them ended in acquittal. The second petitioner is not having any previous case.

4.Taking note of all these aspects, this Court is inclined to grant bail to the petitioners. 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) each with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Virudhunagar, Virudhunagar District. https://hcservices.ecourts.gov.in/hcservices/

(ii)the Petitioners are directed to 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 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 are 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/- 10/07/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I, VIRUDHUNAGAR, VIRUDHUNAGAR DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR AT SRIVILLIPUTHUR.

3 THE OFFICER INCHARGE, DISTRICT PRISON, VIRUHUNAGAR.

4 THE INSPECTOR OF POLICE, VIRUDHUNAGAR WEST POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

+1. CC to Mr.S.MUTHAL RAJ Advocate SR.No.12609.

ORDER

IN CRL OP(MD) No.11512 of 2018 Date :10/07/2018 https://hcservices.ecourts.gov.in/hcservices/ SDS/MMS/VK/10.07.2018/2P/7C