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Madras High CourtCRL OP(MD)/12229/2018granted

Rajkumar 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.12229 of 2018 1 RAJKUMAR 2 SIVASHANKAR ... PETITIONERS/ ACCUSED NO.1 & 2 Vs STATE REP.BY THE INSPECTOR OF POLICE, THIRUKKATTUPALLI POLICE STATION, THIRUKATTUPALLI, THANJAVUR DISTRICT.

CRIME NO.164/2018 ... RESPONDENT / COMPLAINANT For Petitioners: Mr.S.KARTHICK SUBRAMANIAN 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 05.07.2018 for the offences punishable under Section 379 I.P.C r/w Section 21(1) of Mines and Minerals (Development and Regulation) Act, in Crime No.164 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) for the respondent. 3.Taking note of the facts and circumstances of the case and also the period of incarceration of the petitioner, 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, Thiruvaiyaru.

(ii)the Petitioners are directed to appear before the respondent police as and when required for interrogation. https://hcservices.ecourts.gov.in/hcservices/ (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/- 18/07/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE, THIRUVAIYARU.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

3. THE SUPERINTENDENT,CENTRAL PRISON, TRICHY.

4. THE INSPECTOR OF POLICE, THIRUKKATTUPALLI POLICE STATION, THIRUKATTUPALLI, THANJAVUR DISTRICT.

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

+1. CC to MR.S.KARTHICK SUBRAMANIAN Advocate SR.No.13351

ORDER

IN CRL OP(MD) No.12229 of 2018 Date :18/07/2018 MS/MMS/SAR-1/18.07.2018/2P.7C https://hcservices.ecourts.gov.in/hcservices/