V. Muthaiah, S/O.Veerapathiran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Fifth day of July Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.12774 of 2018 V. MUTHAIAH ... PETITIONER / ACCUSED NO.1 Vs STATE REP.BY THE INSPECTOR OF POLICE, THENKARAI POLICE STATION, THENI DISTRICT.

CRIME NO.226 OF 2018 ... RESPONDENT / COMPLAINANT For Petitioner : Mr.M.MOHAMED RAFI, 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 arrayed as accused No.1. He was arrested and remanded to judicial custody on 21.06.2018 for the offences punishable under Sections 294(b), 307 of IPC, in Crime No.226 of 2018, on the file of the respondent police. He seeks bail. 2.The petitioner is said to have assaulted the police constable when he objected to the objectionable activities of the petitioner. The learned Government Advocate (Crl. Side) points that the petitioner is having a number of previous case to his credit. 3.But taking note of the period of incarceration, this Court inclined to grant bail to the petitioner 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, Periyakulam, Theni District. (ii)the petitioner is directed to appear before the respondent police daily at 10.30 a.m. for a period of 60 days.

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(iii)the petitioner shall not apply for any modification or relaxation of the condition imposed on him. The learned counsel for the petitioner undertakes for the same. (iii)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/- 25/07/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE, PERIAYAKULAM, TEHNI DISTRICT.

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

3. THE SUPERINTENDENT,CENTRAL PRISON, MADURAI.

4. THE INSPECTOR OF POLICE, THENKARAI POLICE STATION, THENI DISTRICT.

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

+1. CC to Mr.M.MOHAMED RAFI Advocate SR.No.14021

ORDER

IN CRL OP(MD) No.12774 of 2018 Date :25/07/2018 MS/MMS/SAR-1/25.07.2018/2P.7C https://hcservices.ecourts.gov.in/hcservices/