Petchimuthu v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Fourth day of August Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.15036 of 2018 PETCHIMUTHU ... PETITIONER/ ACCUSED RANK NOT KNOWN Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE SIPCOT POLICE STATION, THOOTHUKUDI.

Crime No.287/2018 ... RESPONDENT / COMPLAINANT For Petitioner : Mr.A.JOHN VINCENT Advocate For Respondent : 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 petitioner is shown as Accused rank not known. He was arrested and remanded to judicial custody on 16.07.2018 for the offences punishable under Sections 147, 148, 188 and 436 IPC and Sections 3 and 4 of TNPPDL Act in Crime No.287 of 2018 on the file of the respondent police. He seeks bail.

2.Heard the learned counsel for the petitioner and the learned Government Advocate(Crl.sid) appearing for the respondent.

3. This Court had denied bail to the petitioner on the earlier occasion in view of the video evidence available against the petitioner. But then, no purpose would be served in keeping him in incarceration.

4. Accordingly, 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 No.III, Thoothukudi.

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(ii)the petitioner is 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 petitioner 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/- 24/08/2018 / 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.A.JOHN VINCENT Advocate SR.No.16015

ORDER

IN CRL OP(MD) No.15036 of 2018 Date :24/08/2018 TK/VR/SAR.1/24.08.2018/2P-7C https://hcservices.ecourts.gov.in/hcservices/