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Madras High CourtCRL OP(MD)/13222/2019granted

Sethukumar v. The Inspector Of Police

2019-09-23Honourable Mr Justice G.R.Swaminathan2 pages

CRL OP(MD). No.13222 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/09/2019 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.13222 of 2019 Sethukumar ... Petitioner/Accused No.1 Vs State rep.by, The Inspector of Police, Thiruchitrambalam Police Station, Thanjavur District.

(Cr.No.118/2019). ... Respondent/Complainant For Petitioner : M/s. B. Anandan, 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.118 of 2019 on the file of the respondent 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 09.08.2019, for the offences under sections 302 and 201 of I.P.C., in Crime No.118 of 2019, on the file of the respondent police. Hence, he seeks bail. 3.The deceased was employed under the petitioner as his driver. It appears that the deceased delayed in delivering some items. Angered by the same, the petitioner and other accused are said to have attacked the deceased with bare hands. The deceased died as a result.

4.The learned Government Advocate (Crl. Side) submitted that the petitioner is not having any previous case.

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; https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.13222 of 2019 (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, Pattukkottai.

(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/- 23/09/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE, PATTUKKOTTAI, THANJAVUR DISTRICT.

2.DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, THANJORE DISTRICT AT KUMBAKONAM.

3.THE SUPERINTENDENT, CENTRAL PRISON, TRICHY. 4.THE INSPECTOR OF POLICE THIRUCHITRAMBALAM POLICE STATION, THANJAVUR DISTRICT 5.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S. B. ANANDAN Advocate SR.No.16117

ORDER

IN CRL OP(MD) No.13222 of 2019 Date :23/09/2019 IAS PK/SK/SAR-4/24.09.2019 : 2P/7C https://hcservices.ecourts.gov.in/hcservices/ 2/2