Ayyappan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twentieth day of September Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.16786 of 2018 AYYAPPAN ... PETITIONER / ACCUSED NO.16 Vs STATE REP.BY THE INSPECTOR OF POLICE, AVANIYAPURAM POLICE STATION, MADURAI DISTRICT.
IN CRIME NO.230 OF 2010 ... RESPONDENT / COMPLAINANT For Petitioner : Mr.R.MANIKANDAN, 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, who was arrested and remanded to judicial custody since 13.08.2018 for the offences punishable under Sections 147, 148, 324, 307, 449, 120(B), 302 of I.P.C. read with 149 and 109 of I.P.C., in crime No.230 of 2018, on the file of the respondent police and P.R.C.53 of 2015 on the file of the Judicial Magistrate No.1, Madurai seeks bail.
2.The case of the prosecution is that the petitioner has involved in a murder case, which was registered in crime No.230 of 2010 by the respondent police, in which, he arraigned as A16. Originally, he was arrested and released on bail. The respondent filed charge sheet, which was taken cognizance in P.R.C.No.53 of 2015. However, pending committal, it seems that the petitioner failed to appear before the Court concerned on summons and hence, non bailable warrant has been issued as against the petitioner on 26.06.2018. Pursuant to the non bailable warrant, the petitioner was arrested and remanded to judicial custody on 13.08.2018. 3.The learned counsel appearing for the petitioner would submit that only on two occasions, the petitioner was absent and he did not receive any summons from the concerned Court and hence, prayed for bail.
https://hcservices.ecourts.gov.in/hcservices/ 4.Heard the learned Additional Government Pleader appearing for the State.
5.Considering the facts and circumstances of the case, 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.VI, Madurai;
(ii) the petitioner shall appear before the learned Judicial Magistrate No.VI, Madurai daily at 10.30 a.m. until further orders.
sd/- 20/09/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
1. THE JUDICIAL MAGISTRATE NO.VI, MADURAI.
2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.
3. THE SUPERINTENDENT,CENTRAL PRISON, MADURAI.
4. THE INSPECTOR OF POLICE, AVANIYAPURAM POLICE STATION, MADURAI DISTRICT.
5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to Mr.R.MANIKANDAN Advocate SR.No.18044
ORDER
IN CRL OP(MD) No.16786 of 2018 Date :20/09/2018 MS/VR-MMS/SAR-4/20.09.2018/2P.7C https://hcservices.ecourts.gov.in/hcservices/