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Madras High CourtCRL OP(MD)/13446/2018granted

Alexraj v. The Sub-Inspector Of Police

2018-07-31Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Thirty First day of July Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.13446 of 2018 ALEXRAJ ...PETITIONER / ACCUSED No.2 Vs THE STATE REPRESENTED BY THE SUB INSPECTOR OF POLICE, DINDIGUL TOWN SOUTH POLICE STATION, DINDIGUL DISTRICT.

Crime No 658 of 2017 ... RESPONDENT / COMPLAINANT For Petitioner : Mr.PR BOOMEE RAJAN 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 27.06.2018 for the offences punishable under Sections 448, 295 I.P.C and Section 3(1) of TNPPDL Act, in Crime No.658 of 2017 on the file of the respondent police. He seeks bail.

2.Heard the learned counsel for the petitioner and the learned Government Advocate(Crl.Side) for the respondent . 3.The petitioner is said to have damaged the statue of saint Antoniyar. The petitioner had surrendered before the Court concerned, even though he was not implicated in the First Information Report by name.

4.Taking note of the period of incarceration of 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; (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.III, Dindigul.

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(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/- 31/07/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO III, DINDIGUL.

2.THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT.

3.THE SUB INSPECTOR OF POLICE, DINDIGUL TOWN SOUTH POLICE STATION, DINDIGUL DISTRICT.

4.THE OFFICERINCHARGE, DISTRICT PRISON,DINDIGUL.

5.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH Court, MADURAI +1. CC to Mr.PR BOOMEE RAJAN Advocate SR.No.14545

ORDER

IN CRL OP(MD) No.13446 of 2018 Date :31/07/2018 TK/MMS/SAR 4/31.07.2018/2P-7C https://hcservices.ecourts.gov.in/hcservices/