Kishore Kumar, S/O.Palanivel v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Seventh day of December Two Thousand Eighteen PRESENT The Hon`ble Mr Justice B.PUGALENDHI CRL OP(MD) No.22909 of 2018 1 KISHORE KUMAR 2 MUTHUPANDI ... PETITIONER / ACCUSED NO.3 & 5 Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE, DINDIGUL TOWN NORTH POLICE STATION, DINDIGUL DISTRICT.
(CRIME .NO.1065 OF 2018) ... RESPONDENT / COMPLAINANT For Petitioners : Mr.J.JEYAKUMARAN Advocate For Respondent : Mr.A.ROBINSON Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.
ORDER : The Court Made the following order :- The petitioners are remanded to judicial custody in Crime No.1065 of 2018 on the file of the respondent police for the offences punishable under Sections 399 & 402 IPC and they seek bail.
2. The case of the prosecution is that the petitioners herein are arrayed as Accused 3 & 5. On 11.12.2018, the petitioners were found in possession of deadly weapons and were standing in a suspicious manner near the municipal pond walking place to commit dacoity. Hence, the complaint.
3. Heard the learned counsel appearing for the petitioners and the learned Government Advocate [Criminal Side] for the respondent State.
4. According to the petitioners, A1 and A2 were arrested and kept in police station and the petitioners herein went to see them in the police Station, where they were also arrested and remanded to judicial custody. The co-accused A6 in this case has already been granted anticipatory bail by this Court in Crl.O.P.(MD) No.22131 of 2018 on 18.12.2018.
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5. The learned Government Advocate [Criminal Side] opposes the
grant of bail by stating that the Accused No.3 & 5 were arrested only on 11.12.2018 and the investigation of the case is not yet over.
6. Considering the facts and circumstances of the case and also taking into consideration of the fact that A6 has been granted anticipatory bail in Crl.O.P(MD) No.22131 of 2018 on 18.12.2018, this Court is inclined to grant bail to the petitioners. Accordingly, the petitioners are ordered to be released on bail subject to the following conditions:
(i) the petitioners shall execute a separate 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.II, Dindigul and (ii)the petitioners shall appear before the respondent police daily twice (i.e.,) in the morning and evening until further orders.
sd/- 27/12/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE NO.II, DINDIGUL.
2 THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL.
3 THE INSPECTOR OF POLICE, DINDIGUL TOWN NORTH POLICE STATION, DINDIGUL DISTRICT.
THE OFFICER INCHARGE, SUB JAIL, DINDIGUL.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to Mr.J.JEYAKUMARAN Advocate SR.No.24128 PS/AC/SAR-1/27.12.2018/2P/7C
ORDER
IN CRL OP(MD) No.22909 of 2018 Date :27/12/2018 https://hcservices.ecourts.gov.in/hcservices/