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Madras High CourtCRL OP(MD)/16966/2018ordered

Albin @ Kudal, v. The Inspector Of Police,

2018-09-24Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Fourth day of September Two Thousand and Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.16966 of 2018 ALBIN @ KUDAL ... PETITIONER / ACCUSED 2 Vs STATE OF TAMILNADU REPRESENTED BY, THE INSPECTOR OF POLICE, VELLICHANTHAI POLCE STATION, KANYAKUMARI DISTRICT.

(CRIME NO.324 OF 2011) ... RESPONDENT / COMPLAINANT For Petitioner : Mr.K.VAMANAN, 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 01.09.2018 for the offences punishable under Sections 147, 148, 294(b), 506(ii) I.P.C and Section 3(1) of TNPPDL Act, in Crime No.324 of 2011 on the file of the respondent police. He seeks bail.

2.The petitioner was absent during the trial in S.C.No.360 of 2016 on the file of the learned Principal Sessions Court, Kanyakumari District at Nagercoil. Hence, non bailable warrant came to be issued. Based on that, the respondent police secured the petitioner and produced before the trial Court on 01.09.2018. Subsequently, he was remanded to the judicial custody. 3.The learned counsel appearing for the petitioner would submit that the petitioner is in judicial custody from 01.09.2018 onwards. He further submitted that the petitioner shall appear before the Court below regularly on all future hearing dates without fail. Hence, he prays for bail to the petitioner.

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

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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:

(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 District Munsif Cum Judicial Magistrate, Eranieal.

(ii)the petitioner shall appear before the concerned trial Court daily at 10.30 a.m for a period of two weeks and thereafter, he shall appear before the trial Court on all future hearing without fail.

sd/- 24/09/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE PRINCIPAL SESSIONS JUDGE, KANYAKUMARI DISTRICT AT NAGERCOIL.

2.THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, ERANIEAL, KANYAKUMARI DISTRICT.

3.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT AT NAGERCOIL.

4.THE OFFICER INCHARGE, SUB JAIL, NAGERCOIL.

5.THE INSPECTOR OF POLICE, VELLICHANTHAI POLICE STATION, KANYAKUMARI.

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

+1. CC to M/S.K.VAMANAN Advocate SR.No.18136.

ORDER

IN CRL OP(MD) No.16966 of 2018 Date :24/09/2018 RAM/VR MMS/SAR 1/24.09.2018/2P/8C https://hcservices.ecourts.gov.in/hcservices/