Marimuthu @ Mariselvam @ v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twentieth day of September Two Thousand and Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.16897 of 2018 MARIMUTHU @ MARISELVAM @ KATTANARI ... PETITIONER / 3rd ACCUSED Vs STATE THROUGH, THE SUB INSPECTOR OF POLICE, PALAYAMKOTTAI POLICE STATION, TIRUNELVELI CITY.

IN CRIME NO. 58 OF 2015 ... RESPONDENT/ COMPLAINANT For Petitioner : Mr.V.MAHARAJAN, 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 22.05.2018 for the offence punishable under Sections 147, 148, 294(b), 448, 323, 324, 307 and 506(ii) of IPC and Section 3 of TNPPDL Act in Crime No.58 of 2015 on the file of the respondent police. He seeks bail. 2.The learned counsel for the petitioner would submit that the charge sheet was filed by the respondent police in the above case and the same was numbered as PRC.No.14 of 2016, pending before the learned Judicial Magistrate No.I, Tirunelveli. The above case was posted on 19.04.2018 for appearance and due to ill-health, the petitioner was not able to appear before the learned Judicial Magistrate No.I, Tirunelveli and the learned Judicial Magistrate No.I, Tirunelveli issued a NBW against the petitioner. 3.

The learned counsel for the petitioner would further submit that the petitioner is an innocent. He would also submit that the petitioner was arrested on 22.05.2018 and remanded into judicial custody. The petitioner has been kept in the judicial custody for the past 120 days. Hence, he prays for grant of bail to the petitioner.

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4. Heard the learned Additional Public Prosecutor appearing for the respondent.

5.Considering the facts and circumstances of the case 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:

(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-I, Tirunelveli.

(ii)the petitioner shall appear before the trial Court 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.I, TIRUNELVELI.

2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI.

3.THE SUPERINTENDENT CENTRAL PRISON, PALAYAMKOTTAI.

4.THE SUB INSPECTOR OF POLICE PALAYAMKOTTAI POLICE STATION, TIRUNELVELI CITY.

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

+1. CC to M/S.V.MAHARAJAN, Advocate, SR.No.18014.

ORDER

IN CRL OP(MD) No.16897 of 2018 Date :20/09/2018 RAM/VR MMS/SAR 4/20.09.2018/2P/7C https://hcservices.ecourts.gov.in/hcservices/