Hariharan v. The Inspector Of Police

CRL OP(MD). No.12919 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.12919 of 2019 Hariharan, ... Petitioner/Accused No.1 Vs The State Rep. by The Inspector of Police, Kumbakonam Taluk Police Station, Thanjavur District, (Crime No.208/2019).

... Respondent/Complainant For Petitioner : M/s. M. Pandian, Advocate.

For Respondent : 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.208/2019 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 10.08.2019, for the offence under section 379 of I.P.C., in Crime No.208 of 2019, on the file of the respondent police. Hence, he seeks bail.

3. The quantity involved is quarter unit of river sand. They were being transported in bullock cart.

4. The learned Government Advocate (Crl. Side) submitted that the petitioner is not having any previous case. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.12919 of 2019

5. Recording the same, I am 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 Judicial Magistrate No.2, Kumbakonam.

(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 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 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-IV) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. Judicial Magistrate No.2, Kumbakonam.

2. Do-Through The Chief Judicial Magistrate, Thanjore at Kumbakonam.

3. The Superintendent, Sub Jail, Kumbakonam.

4. The Inspector of Police, Kumbakonam Taluk Police Statio, Thanjavur District,

5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1CC TO MR.M.PANDIAN, Advocate Sr. No. 15675 ORDER IN CRL OP(MD) No.12919 of 2019 Date : 18/09/2019 TR/PN/SAR-IV (18.09.2019) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2