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Madras High CourtCRL OP(MD)/15211/2018ordered

Paramasivan v. The Inspector Of Police

2018-09-06Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Sixth day of September Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.15211 of 2018 PARAMASIVAN ... PETITIONER /SOLE ACCUSED Vs STATE REP.BY THE INSPECTOR OF POLICE, SRIVAIKUNDAM POLICE STATION, TUTICORIN DISTRICT.

IN CRIME NO.165 OF 2018 ... RESPONDENT / COMPLAINANT For Petitioner : Mr.S.R.DURAI RAJ, 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 20.07.2018 for the offences punishable under Sections 341, 294(b), 387, 307, 506(ii) I.P.C. in Crime No.165 of 2018 on the file of the respondent police. He seeks bail.

2.The case of the prosecution is that when the defacto complainant was going in the occurrence place by his motor cycle along with his friend, the petitioner intercepted the defacto complainant and he extorted Rs.200/- by using aruval against the defacto complainant. Hence, the complaint.

3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent and he did not commit any offence as alleged by the prosecution. He is in incarceration from 20.07.2018 onwards. Hence, he prays for bail to the petitioner. 4.The learned Additional Public Prosecutor appearing for the respondent would submit that the stolen amount has been recovered by the respondent police. He further submitted that there are 8 previous cases are pending against the petitioner. 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:

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(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, Srivaikundam.

(ii)the petitioner shall report before the respondent police daily at 10.30 a.m until further orders. sd/- 06/09/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE, SRIVAIKUNDAM.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN DISTRICT.

3. THE OFFICER INCHARGE, DISTRICT JAIL, PERURANI.

4. THE INSPECTOR OF POLICE, SRIVAIKUNDAM POLICE STATION, TUTICORIN DISTRICT.

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

+1. CC to Mr.S.R.DURAI RAJ Advocate SR.No.17084

ORDER

IN CRL OP(MD) No.15211 of 2018 Date :06/09/2018 MS/VR-MMS/SAR-1/06.09.2018/2P.7C https://hcservices.ecourts.gov.in/hcservices/