Thiyagarajan @ Karuppasamy v. The Inspector Of Police

CRL OP(MD). No.12910 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/09/2019 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.12910 of 2019 1.Thiyagarajan @ Karuppasamy 2.Manikandan @ Pambu Mani ... Petitioners/Accused Nos. 4 & 5 Vs State Represented by The Inspector of Police, Virudhunagar Bazaar Police Station, Virudhunagar, Virudhunagar District (Crime No.227 of 2019). ... Respondent/Complainant For Petitioners : M/s.A.Thiruvadi Kumar, 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.227 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 in custody since 02.08.2019, for the offences under sections 147, 148, 342, 294(b), 323, 307 and 302 r/w. 120(b) of I.P.C., in Crime No.227 of 2019, on the file of the respondent police. Hence, They seek bail.

3. The learned Government Advocate (Crl. Side) submitted that the petitioners are not having any previous case. The role attributed to the petitioners is that they are party to the conspiracy and that they kept a watch on the movement of the deceased.

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CRL OP(MD). No.12910 of 2019

4. Since the petitioners have not played any specific role in the attack in question, I am inclined to enlarge the petitioners on bail with certain conditions. Accordingly, the petitioners are ordered to be released on bail, subject to the following conditions; (i) the petitioners 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 No.I, Virudhunagar.

(ii) the petitioners are 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 is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. sd/- 18/09/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I, VIRUDHUNAGAR 2 DO-THROUGH :THE CHIEF JUDICIAL MAGISTRATE, VIRUTHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

3 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI. 4 THE INSPECTOR OF POLICE VIRUDHUNAGAR BAZAAR POLICE STATION, VIRUDHUNAGAR, VIRUDHUNAGAR DISTRICT

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

+1CC to M/s.A.THIRUVADI KUMAR,Advocate(SR-15771[I] dated 18/09/2019) ORDER IN CRL OP(MD) No.12910 of 2019 Date :18/09/2019 IAS ES/PN/SAR 4/18.09.2019/2P/7C https://hcservices.ecourts.gov.in/hcservices/ 2/2