Sonaimuthu Alias Manikandan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Fourth day of July Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.12624 of 2018 SONAIMUTHU @ MANIKANDAN ... PETITIONER / ACCUSED(A1) Vs STATE REPRESENTED BY THE INSPECTOR OF POLICE, THIDEER NAGAR POLICE STATION, MADURAI DISTRICT.

Crime No.198 of 2018 ... RESPONDENT / COMPLAINANT For Petitioner : Mr.C.PRABHAKARAN 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 petitioner is in judicial custody since 19.03.2018 for the offences punishable under Sections 341, 307 IPC @ 341, 302 IPC @ 120 (b), 147, 148, 341 and 302 IPC in Crime No.198 of 2018, on the file of the respondent police. He seeks bail.

2.The learned Government Advocate (Crl.Side) appearing for the respondent would submit that final report has since been filed, investigation is over and he opposed to grant bail by pointing out the previous antecedents of the petitioner.

3.The learned counsel appearing for the petitioner submits that the petitioner is having permanent address and it is not controverted by the prosecution.

4.Taking into account that the investigation is over and considering the period of incarceration undergone by the petitioner, 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:- https://hcservices.ecourts.gov.in/hcservices/ (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.V, Madurai; (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/- 24/07/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO V, MADURAI.

2.THE CHIEF JUDICIAL MAGISTRATE, MADURAI.

3.THE INSPECTOR OF POLICE, THIDEER NAGAR POLICE STATION, MADURAI DISTRICT.

4.THE SUPERINTENDENT, CENTRAL PRISON MADURAI.

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

+1. CC to Mr.C.PRABHAKARAN Advocate SR.No.13756

ORDER

IN CRL OP(MD) No.12624 of 2018 Date :24/07/2018 TK/MMS/GSR/24.07.2018/2P-7C https://hcservices.ecourts.gov.in/hcservices/