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Madras High CourtCRL OP(MD)/12219/2018granted

M.Packiaraj v. The Inspector Of Police

2018-07-18Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Eighteenth day of July Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.12219 of 2018 M.PACKIARAJ ... PETITIONER / ACCUSED NO.2 Vs STATE REP.BY THE INSPECTOR OF POLICE, THOGAMALAI POLICE STATION, KARUR DISTRICT.

CRIME NO.144/2018 ... RESPONDENT / COMPLAINANT For Petitioner : Mr.J.JEYAKUMARAN, Advocate For Respondent : Mr.A.P.G.OHM CHAIRMA PRBAHU, Govt. 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 22.06.2018 for the offence punishable under Section 366(A) I.P.C. in Crime No.144 of 2018 on the file of the respondent police. He seeks bail. 2.The learned Government Advocate(Crl.Side) for the respondent points out that the victim is yet to be secured. 3.The learned counsel for the petitioner submitted that the petitioner is the sister's husband of the main accused. 4.The petitioner cannot be blamed for the elopement of the main accused with the defacto complainant's daughter. The petitioner is having three children. Taking note of all these circumstances, 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.I, Kulithalai.

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

(iii)the petitioner shall not abscond.

(iv)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/- 18/07/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE NO.I, KULITHALAI.

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

3. THE SUPERINTENDENT,CENTRAL PRISON, TRICHY.

4. THE INSPECTOR OF POLICE, THOGAMALAI POLICE STATION, KARUR DISTRICT.

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

+1. CC to MR.J.JEYAKUMARAN Advocate SR.No.13301

ORDER

IN CRL OP(MD) No.12219 of 2018 Date :18/07/2018 MS/VR/SAR-1/18.07.2018/2P.7C https://hcservices.ecourts.gov.in/hcservices/