Raj Kumar 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.O.P.(MD)Nos.12492, 12493 & 12494 of 2018 RAJ KUMAR ... PETITIONER / ACCUSED RANK NOT KNOWN IN CRL OP(MD)NO.12492 OF 2018 MAHESH @ MAHESH KUMAR ... PETITIONER/ ACCUSED RANK NOT KNOWN IN CRL OP(MD)NO.12493 OF 2018 1 MURUGESAN 2 SATHEESH ... PETITIONERS/ ACCUSED RANK NOT KNOWN IN CRL OP(MD)NO.12494 OF 2018 Vs STATE REP.BY THE INSPECTOR OF POLICE, SIPCOT POLICE STATION, THOOTHUKUDI.
CRIME NO.338 OF 2018 ... RESPONDENT / COMPLAINANT IN CRL OP(MD)NOS.12492 & 12493 OF 2018 STATE REP.BY THE INSPECTOR OF POLICE, SIPCOT POLICE STATION, THOOTHUKUDI.
CRIME NO.331 OF 2018 ... RESPONDENT / COMPLAINANT IN CRL OP(MD)NO.12494 OF 2018 For Petitioners : Mr.G.PRABHU RAJADURAI, Advocate for Mr.A.JOHN VINCENT Advocate in all the peritonitis For Respondent : Mr.A.P.G.OHM CHAIRMA PRABHU, Govt. Advocate ( Crl. Side) in all the petitions PETITION FOR BAIL Under Sec. 439 Cr.P.C.
COMMON ORDER : The Court Made the following order :- The petitioners are arrayed as Accused Nos.1 and 2. They were arrested and remanded to judicial custody on 28.06.2018 for the offences punishable under Sections 147, 148, 188, 436 IPC and Section 3 and 4 TNPPDL Act in Crime Nos.331 & 338 of 2018, on the file of the respondent police. They seek bail.
2.This Criminal Original Petition has been filed only in respect of Crime Nos.331 & 338 of 2018. When the matter is taken up for hearing the learned Additional Advocate General submitted that the petitioners have been arrested in 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 petitioners need not file individual petition for all those cases.
4.Taking note of all these aspects, this Court is inclined to enlarge the petitioners on bail, in respect of all cases in which he has been arrested, with certain conditions. 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) 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 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 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 INSPECTOR OF POLICE, SIPCOT POLICE STATION, THOOTHUKUDI.
4. THE SUPERINTENDENT,CENTRAL PRISON, PALAYMKOTTAI.
5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+6. CC to M/S.A.JOHN VINCENT Advocate SR.Nos.13566,13568,13569 ORDER IN Crl.O.P.(MD)Nos.12492, 12493 & 12494 of 2018 Date :20/07/2018 MS/VR/VK/20.07.2018/3P.12C