Jesu John Peter v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/01/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). Nos.19543 and 19557 of 2019 Jesu John Peter ... Petitioner/Accused No.2 Vs The State Rep.by The Inspector of Police, Eriodu Police Station, Dindigul District.

(Crime No.236 of 2019). ... Respondent/Complainant In Crl.O.P.(MD)No.19557 of 2019

1. Antony Clux @ Anthony Rex

2. Sundarapandi ... Petitioners/Accused Nos.1 and 3 Vs The State Rep.by The Inspector of Police, Eriodu Police Station, Dindigul District.

(Crime No.236 of 2019). ... Respondent/Complainant For Petitioners : M/s.M.Jegadeesh Pandian, Advocate.

For Respondent : Mrs.M.Ananthadevi, Government Advocate (Crl.Side) (in both Crl.O.Ps.) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

COMMON PRAYER :- For Bail in Crime No.236 of 2019 on the file of the Respondent Police.

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COMMON 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 22.10.2019 for the offences punishable under sections 302, 201, 120(b) and 34 of IPC, in Crime No.236 of 2019 on the file of the respondent police. They seek bail.

3. It appears that the victim was having some relationship with the second accused and that since she insisted the second accused to marry her, she had been killed.

4.The case against the petitioners rests on circumstancial evidences. Investigation appears to be substantially over. All the accused have been examined. Ofcourse, final report is yet to be filed. The petitioner's are not having any previous case.

5. Taking note of the facts and circumstances of this case, 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 learned Judicial Magistrate, Vedasandur, Dindigul District.

(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 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/- 02/01/2020 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1 THE JUDICIAL MAGISTRATE, VEDASANDUR, DINDIGUL DISTRICT.

2 -DO-THRO- THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT.

3 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

4 THE INSPECTOR OF POLICE ERIODU POLICE STATION, DINDIGUL DISTRICT.

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

+2 CC to M/s.M.JEGADEESHPANDIAN,Advocate (SR.Nos.49, 50 dated 02/01/2020)

ORDER

IN CRL OP(MD). Nos.19543 and 19557 of 2019 Date :02/01/2020 pnn ES/PN/SAR 1/02.01.2020/3P/8C 3/3