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Madras High CourtCRL OP(MD)/13615/2018granted

Rajakili, S/O.Duraisamy Nadar, v. The Sub Inspector Of Police,

2018-08-01Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the First day of August Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.13615 of 2018 1.RAJAKILI 2.DANIEL GNANADURAI 3.MELVIN ABRAHAM 4.ANTONY XAVIER 5.SELVIN @ DURAISELVAN ... PETITIONERS/ ACCUSED 1 to 5 Vs STATE REPRESENTED BY THE SUB INSPECTOR OF POLICE, MEIGNANAPURAM POLICE STATION, THOOTHUKUDI DISTRICT.

Crime No.68 of 2018 ... RESPONDENT/ COMPLAINANT For Petitioner : Mr.R.PON KARTHIKEYAN Advocate For Respondent : Mr.A.P.G.OHM CHAIMA PRABHU Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners were arrested on various dates such as 17.07.2018, 18.07.2018 and 19.07.2018 for the offences punishable under Sections 147, 148, 448, 435, 294(b), 506(ii), 120-B, 107, 109 IPC and Section 4 of TNPPDL Act and Section 4 of TNPHW Act in Crime No.68 of 2018, on the file of the respondent police. They seek bail. 2.The case of the petitioners is that the mother of the first petitioner was attacked by the husband of the defacto complainant, leading to her ultimate death. On being provoked, the occurrence in question had occurred.

3.Taking into account the facts and circumstances of the case, this Court is inclined to enlarge the petitioners on bail with certain conditions. Accordingly, the petitioners are ordered to be released on bail, subject to the following conditions:- (i) the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) with two common sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, https://hcservices.ecourts.gov.in/hcservices/

Sathankulam.

(ii)the petitioners are directed to appear before the respondent police as and when required for interrogation;

(iii)the petitioners shall not abscond.

(iv)on breach of any of the aforesaid conditions, the Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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/- 01/08/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE, SATHANKULAM.

2.THE CHIEF JUDICIAL MAGISTRATE THOOTHUKUDI DISTRICT.

3.THE SUB INSPECTOR OF POLICE, MEIGNANAPURAM POLICE STATION, THOOTHUKUDI DISTRICT.

4.OFFICER INCHARGE DISTRICT PRISON,THOOTHUKUDI.

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

+1. CC to Mr.R.PON KARTHIKEYAN Advocate SR.No.14603

ORDER

IN CRL OP(MD) No.13615 of 2018 Date :01/08/2018 TK/PN/VK/01.08.2018/2P-7C https://hcservices.ecourts.gov.in/hcservices/