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Madras High CourtCRL OP(MD)/13329/2019granted

Kovendran v. The Inspector Of Police

2019-09-24Honourable Mr Justice G.R.Swaminathan2 pages

CRL OP(MD). No.13329 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/09/2019 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.13329 of 2019

1. Koventhiran

2. Vannamani ... Petitioners/Accused 1, 2 Vs State rep.by Inspector of Police, Mannachanallur Police Station, Trichy District (Crime No.166 of 2019). ... Respondent/Complainant For Petitioners : M/s.S.Muthumalai Raja, 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.166 of 2019 on the file of the respondent police.

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

2.The petitioners are in custody since 20.07.2019 for the offences under Sections 294(b), 323 and 307 of I.P.C., in Crime No.166 of 2019, on the file of the respondent police. Hence, they seek bail.

3.The occurrence appears to have taken place on account of a petty quarrel. The petitioners are not having any previous case. Investigation appears to be over. However, taking note of the facts and circumstances of the case, the petitioners are directed to stay away. The petitioners' counsel would state that the petitioners would stay at Madurai for a period of six weeks and report before Othakadi Police Station. The petitioners' counsel gives further https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.13329 of 2019 undertaking that he will not apply for modification or relaxation of the said condition.

4.Recording the undertaking given by the petitioners' counsel, 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.III, Trichy.

(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/Trial Court 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/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/- 24/09/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.III, TRICHY 2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT. 3 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY. 4 THE INSPECTOR OF POLICE MANACHANALLUR POLICE STATION, TRICHY DISTRICT

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

+1 CC to M/s.J.YESU SUBANANTH,Advocate(SR-16210[I] dated 24/09/2019) ORDER IN CRL OP(MD) No.13329 of 2019 Date :24/09/2019 IAS ES/PN/SAR 4/24.09.2019/2P/7C https://hcservices.ecourts.gov.in/hcservices/ 2/2