Gurubharani v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Seventh day of August Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.15170 of 2018 1.GURUBHARANI 2.ARUN RAJA@JOKER RAJA@RAJA ... PETITIONERS / ACCUSED RANK NOT KNOWN Vs STATE REPRESENTED BY THE INSPECTOR OF POLICE SIPCOT POLICE STATION, THOOTHUKUDI Crime No.241 of 2018 ... RESPONDENT/ COMPLAINANT For Petitioners : Mr.L.SHAJI CHELLAN Advocate For Respondent : Mr.OHM CHAIRMA PRABHU Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners herein were arrested on 14.06.2018, for offences under Sections 147, 148, 188 of IPC and Section 3 of TNPPDL Act, in Crime No.241 of 2018, on the file of the respondent police. They seek bail.

2.The petitioners were detained under the Goondas Act. Subsequently, detention order was set aside by this Court. 3.Taking note of the period of incarceration undergone by the petitioners herein, this Court is inclined to grant bail to the petitioners.

4.The Counsel for the petitioners expressed his apprehension that the bail order may be frustrated by impleading the petitioners in other cases. It is made clear that if the police intend to arrest the petitioners in other cases, notice shall be given under Section 41(A) of Cr.P.C., so that the petitioners will have time to move this Court for relief.

5.It is also submitted that the petitioners had been arrested on the basis of Prisoner's Transfer warrants in other cases also. At the time of furnishing of sureties, the prosecution shall furnish https://hcservices.ecourts.gov.in/hcservices/

a list of cases in which the petitioners have been shown as arrested. The Trial Court Magistrate shall issue a common release order and the prison authorities are bound to comply with the same. 6.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 No.III, Thoothukudi. (ii)the petitioners are directed to appear before the respondent police as and when required for interrogation. (iii)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 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/- 27/08/2018 / 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.L.SHAJI CHELLAN Advocate SR.No.16165

ORDER

IN CRL OP(MD) No.15170 of 2018 Date :27/08/2018 TK/PN/SAR.2/27.08.2018/2P-7C https://hcservices.ecourts.gov.in/hcservices/