Mahendran v. The Inspector Of Police

CRL OP(MD). No.12791 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16/09/2019 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.12791 of 2019 Mahendran, ... Petitioner/Accused No.1 Vs State rep. by The Inspector of Police, Orathanadu Police Station, Thanjavur District. (Crime No. 313 of 2019).

... Respondent/Complainant For Petitioner : M/s. S. Venkatesan, Advocate.

For Respondent : Mr.A.P.G.Ohm Chairma Prabhu, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No. 313 of 2019 on the file of the Respondent Police.

ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioner is arrayed as accused No.1. He was arrested and remanded to Judicial Custody on 22.08.2019 for the offences punishable under sections 379 of I.P.C. r/w 21(1) of Mines and Minerals Act 1957, in Crime No.313 of 2019 on the file of the respondent police. He seeks bail.

3. The learned Government Advocate(Crl. Side) submitted that he is not having any previous case.

4. Taking note of the facts and circumstances of this case, I am inclined to enlarge the petitioner on bail with certain conditions. Accordingly, the petitioner is ordered to be released on https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.12791 of 2019 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 Judicial Magistrate, Orathanadu, Thanjavur.

(ii) the petitioner is directed to appear before the respondent police as and when required for the interrogation. (iii) on breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. sd/- 16/09/2019 / TRUE COPY / Sub-Assistant Registrar (C.S-II) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE, ORTHANADU, THANJAVUR.

2. DO TRHOUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR @ KUMBAKONAM.

3. THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.

4. THE INSPECTOR OF POLICE, ORATHANADU POLICE STATION, THANJAVUR DISTRICT.

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

+1CC TO MR.S.VENKATESAN, Advocate Sr. No. 15496 ORDER IN CRL OP(MD) No.12791 of 2019 Date : 16/09/2019 TR/PN/SAR-I (16.09.2019) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2