Nagavelu@ Naga Arjun v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/11/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN Nagavelu @ Naga Arjun ... Petitioner/Accused No.1 Vs The State rep.by The Inspector of Police, Kenikkarai Police Station, Ramanathapuram District.

Crime No.26/2020 ... Respondent/Complainant For Petitioner : Mr.C.Susi Kumar, Advocate.

For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No. 26 of 2020 on the file of the respondent police ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl. Side) appearing for the respondent. 2.The learned counsel appearing for the petitioner submits that the petitioner/A1 is in custody since 17.01.2020 for the offences under Sections 294(b), 506(ii), 394, 397 of I.P.C, and 3 of Tamil Nadu Property (Prevention of Damage and Loss) Act, 1992, in Crime No. 26 of 2020 on the file of the respondent police. The petitioner was detained as Goonda. But then the detained order was revoked. 3.The learned Government Advocate (Criminal Side) points out that the petitioner is having bad antecedents. The facts remains that the final report has been filed and it has been taken on file. 4.The petitioner's counsel states that till the trial is over, the petitioner will appear before the respondent police on every 1/3

Sunday at 10.00.am. The petitioner's counsel gives further undertaking that he will not apply for the modification or relaxation of this condition.

5. Recording the said undertaking, I am 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.II, Ramanathapuram.

(ii)the petitioner shall report before the respondent police every Sunday at 10.00.am.

(iii) on breach of any of the aforesaid conditions, the learned 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 learned 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/- 02/11/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1.THE JUDICIAL MAGISTRATE NO II, RAMANATHAPURAM.

2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

3.THE INSPECTOR OF POLICE, KENIKKARAI POLICE STATION, RAMANATHAPURAM DISTRICT.

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4.THE OFFICER INCHARGE, SUB JAIL, RAMANATHAPURAM.

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

ORDER

IN CRL OP(MD) No.12141 of 2020 Date :02/11/2020 DAS TK/VR/SAR.3/02.11.2020/3P/6C 3/3