Viyanarasu v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twentieth day of July Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.12421 of 2018 VIYANARASU ... PETITIONER/ ACCUSED RANK NOT KNOWN Vs STATE REP.BY THE INSPECTOR OF POLICE, SIPCOT POLICE STATION, THOOTHUKUDI.
CRIME NO.192 OF 2018 ... RESPONDENT / COMPLAINANT For Petitioner : Mr.G.PRABHURAJADURAI, Advocate for Mr.A.JOHN VINCENT Advocate For Respondent : Mr.A.P.G.OHM CHARIRMA PRABHU, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.
ORDER : The Court Made the following order :- The petitioner was arrested and remanded to judicial custody on 31.05.2018 for the offences punishable under Sections 147, 148, 149, 188, 324, 448, 353, 506(2) & 436 IPC and Section 3 and 4 of TNPPDL in Crime No.192 of 2018 on the file of the respondent police. He seeks bail.
2.This Criminal Original Petition has been filed only in respect of Crime No.192 of 2018. When the matter is taken up for hearing the learned Additional Advocate General submitted that the petitioner has been arrested for more than one cases. All these cases were registered in connection with the incident which took place on 22.05.2018 at Tuticorin in connection with the antisterlite protest. 3.This Court is of the view that the petitioner need not file individual petition for all those cases.
4.Taking note of all these aspects, this Court is inclined to enlarge the petitioner on bail, in respect of all cases in which he has been arrested, with certain conditions. Accordingly, the petitioner is ordered to be released on bail, subject to the following conditions;
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(i) the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) with two common sureties covering all the cases each for a like sum to the satisfaction of the learned Judicial Magistrate No.III, Thoothukudi.
(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/- 20/07/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
1. THE JUDICIAL MAGISTRATE NO.III, THOOTHUKUDI.
2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT.
3. THE SUPERINTENDENT,CENTRAL PRISON, PALAYMKOTTAI.
4. THE INSPECTOR OF POLICE, SIPCOT POLICE STATION, THOOTHUKUDI.
5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+2. CC to MR.A.JOHN VINCENT Advocate SR.No.13567
ORDER
IN CRL OP(MD) No.12421 of 2018 Date :20/07/2018 MS/VR/VK/20.07.2018/2P.8C https://hcservices.ecourts.gov.in/hcservices/