K.Sudharsan, S/O.Kennedy, v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Second day of August Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.13576 of 2018 K.SUDHARSAN ... PETITIONER / ACCUSED No.6 Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE, ERAL POLICE STATION, THOOTHUKUDI DISTRICT.

Crime No.332 of 2017 ... RESPONDENT / COMPLAINANT For Petitioner : Mr.KA.RAAMAKRISHINAN Advocate For Respondent : Mr.A.ROBINSON 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 15.07.2018 for the offences punishable under Sections 147, 148, 149, 341, 294(b), 302 r/w 120(b) of IPC in Crime No.332 of 2017 on the file of the respondent police. He seeks bail.

2.The offence in this case is of a very brutal nature and it is surprising that the police are yet to file the final report. Therefore, the respondent police are directed to file their final report within a period of 45 days from the date of receipt of a copy of this order. Since the co-accused have been granted bail, this Court grants bail to the petitioner herein also. 3.Hence, 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, Srivaikundam.

(ii) The petitioner shall appear before the respondent police as and when required for interrogation.

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(iii) The petitioner shall not abscond.

(iv) On breach of any of the aforesaid conditions, the learned 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 learned 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/- 02/08/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE, SRIVAIKUNDAM.

2.THE CHIEF JUDICIAL MAGISTRATE, THOOTHUDUDI DISTRICT.

3.THE INSPECTOR OF POLICE, ERAL POLICE STATION, THOOTHUKUDI DISTRICT.

4.THE SUPERINTENDENT CENTRAL PRISON, PERAURANI,TUTICORIN.

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

+1. CC to Mr.KA.RAAMAKRISHINAN Advocate SR.No.14849

ORDER

IN CRL OP(MD) No.13576 of 2018 Date :02/08/2018 TK/PN/ASVM/02.08.2018/2P-7C https://hcservices.ecourts.gov.in/hcservices/