Brother Sathish@Sathish Kumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Third day of September Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.14918 of 2018 BROTHER SATHISH@SATHISH KUMAR ... PETITIONER / ACCUSED NO.4 Vs THE STATE REP.BY THE INSPECTOR OF POLICE, JAIHINDPURAM POLICE STATION, MADURAI.

(CRIME NO.89 OF 2017) ... RESPONDENT / COMPLAINANT For Petitioner : Mr.JOHN JEYASEELAN JACOB Advocate For Respondent : Mr.V.NEELAKANDAN, Additional Public Prosecutor. PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner is in judicial custody since 28.02.2017 for the offences punishable under Sections 147, 148, 341, 302 and 506(ii) IPC and also Section 25 (A) of Arms Act, in Crime No.89 of 2017 on the file of the respondent police. He seeks bail. 2.The case of the prosecution is that the petitioner originally arrested and remanded to judicial custody since 28.02.2017 for the above said offences. Thereafter, the petitioner released on bail on 08.01.2018 on condition that he has to report before the learned Judicial Magistrate No.IV, Madurai daily. Thereafter, he failed to appear before the learned Judicial Magistrate, No.IV, Madurai and as such, the learned Additional Public Prosecutor has moved an application for cancellation of bail in Crl.M.P.No.

1459 of 2018 and the same was allowed and the bail granted to the petitioner was cancelled by order dated 08.06.2018. Thereafter, the learned Magistrate concerned, issued NBW against the petitioner and in pursuance of the same, the petitioner was arrested and remanded to the judicial custody on 23.05.2018.

3.Heard the learned counsel for the petitioner. https://hcservices.ecourts.gov.in/hcservices/ 4.The learned Additional Public Prosecutor appearing for the respondent would submit that the petitioner is having seven previous

cases.

5.Considering the above facts and circumstances and also considering the period of incarceration of the petitioner, this Court is inclined to grant bail to the petitioner. 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.IV, Madurai, (ii)the petitioner shall appear before the trial Court daily twice at 10.30 a.m., and 05.30 p.m., until further orders; sd/- 03/09/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

MM TO 1 THE JUDICIAL MAGISTRATE NO-IV, MADURAI.

2 THE CHIEF JUDICIAL MAGISTRATE, MADURAI.

3 THE INSEPCTOR OF POLICE JAIHINDUPURAM POLICE STATION, MADURAI.

4 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

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

+1. CC to M/S.JOHN JEYASEELAN JACOB Advocate SR.No.16765 PS/JC/SAR-1:04/09/2018:2P/7C

ORDER

IN CRL OP(MD) No.14918 of 2018 Date :03/09/2018 https://hcservices.ecourts.gov.in/hcservices/