Surendran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Nineteenth day of September Two Thousand and Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.16762 of 2018 SURENDRAN ... PETITIONER / 2nd ACCUSED Vs THE STATE BY, THE INSPECTOR OF POLICE, KALAKADU POLICE STATION, TIRUNELVELI DISTRICT.

(CRIME NO.98 OF 1999) ... RESPONDENT/ COMPLAINANT For Petitioner : Mr.D.VENKATESH, 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 30.08.2018 for the offences punishable under Sections 147, 148, 447, 307 and 397 IPC, in P.R.C.No.3 of 2009 on the file of the Judicial Magistrate, Nanguneri, in Crime No.98 of 1999 on the file of the respondent police. He seeks bail.

2.The learned counsel appearing for the petitioner submitted that the petitioner has already been granted bail and the case is pending before the Judicial Magistrate Court, Nanguneri, in P.R.C.No.3 of 2009 and the petitioner was unable to appear before the court in the year 2014 and subsequently NBW issued against the petitioner and arrested on 30.08.2018.

3.The learned Additional Public Prosecutor appearing for the respondent submitted that this case has been registered in the year 1999 and since Non Bailable Warrant is pending against the petitioner in the year 2014 and he was arrested on 30.08.2018. Hence, he opposed to grant bail to the petitioner herein. https://hcservices.ecourts.gov.in/hcservices/ 4.Considering the facts and circumstances of the case and 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, Nanguneri.

(ii)the petitioner shall appear before the learned Judicial Magistrate, Nanguneri, daily at 10.30.am., until further orders. sd/- 19/09/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE, NANGUNERI.

2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI.

3.THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI.

4.THE INSPECTOR OF POLICE, KALAKADU POLICE STATION, TIRUNELVELI DISTRICT.

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

+1. CC to M/S.D.VENKATESH, Advocate, SR.No.17921

ORDER

IN CRL OP(MD) No.16762 of 2018 Date :19/09/2018 RAM/VR MMS/SAR 3/19.09.2018/2P/7C https://hcservices.ecourts.gov.in/hcservices/