Madras High CourtCRL OP(MD)/13589/2018disposed of

Petchimuthu v. The 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.13589 of 2018 1.PETCHIMUTHU 2.MUTHURAMALINGAM ... PETITIONER / ACCUSED RANK NOT KNOWN Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE SIPCOT POLICE STATION, THOOTHUKUDI.

Crime No.287 of 2018 ... RESPONDENT/ COMPLAINANT For Petitioner : Mr.A.JOHN VINCENT Advocate For Respondent : Mr.CHELLAPANDIAN Additional Advocate General for 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 petitioners are in judicial custody since 26.07.2018 for the offences punishable under Sections 147, 148, 188, 436 I.P.C and Sections 3 and 4 of TNPPDL Act in Crime No.287 of 2018 on the file of the respondent police. They seek bail.

2.Heard the learned counsel for the petitioners. 3.Today when the matter is taken up for hearing, the learned Additional Advocate General appearing for the State pointed out that the first petitioner is seen indulging in an act of violence. He has also played the relevant video clipping. Therefore, taking note of the act of violence, in which the first petitioner is seen to have indulged, this Court is not inclined to grant bail to the first petitioner Petchimuthu. Accordingly, this Criminal Original Petition is dismissed as regards the first petitioner. 4.There are no materials against the second petitioner Muthuramalingam. Taking note of the facts and circumstances, this Court is inclined to enlarge the second petitioner on bail with certain conditions. Accordingly, the second petitioner is ordered to be released on bail, subject to the following conditions; https://hcservices.ecourts.gov.in/hcservices/

(i) the second 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, Thoothukudi.

(ii)the second petitioner is directed to appear before the respondent police as and when required for interrogation. (iii)the second 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 second petitioner in accordance with law as if the conditions have been imposed and the second 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, THOOTHUKUDI 2.THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT.

3.THE INSPECTOR OF POLICE SIPCOT POLICE STATION, THOOTHUKUDI.

4.THE SUPERINTENDENT CENTRAL PRISON, PALAYAMKOTTAI.

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

+1. CC to Mr.A.JOHN VINCENT Advocate SR.No.14496

ORDER

IN CRL OP(MD) No.13589 of 2018 Date :31/07/2018 TK/MMS/SAR 4/31.07.2018/2P-7C https://hcservices.ecourts.gov.in/hcservices/