Madras High Court granted bail to accused persons detained under IPC and Foreigners Act for over 65 days, requiring appearance twice daily and a monetary bond.
Release on bail with bond of Rs.10,000/- and daily appearance before police at 10:00 a.m. and 05:00 p.m.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )
Monday, the Thirteenth day of October Two Thousand Fourteen
PRESENT
The Hon`ble Mr Justice G.CHOCKALINGAM
CRL OP(MD) No.17425 of 2014
1 DASAN 2 MAHENDIRAN ... PETITIONERS/ACCUSED NOS.1&2
Vs
STATE BY
THE INSPECTOR OF POLICE Q BRANCH POLICE STATION, THIRUVADANAI, RAMANATHAPURAM DISTRICT, CRIME NO.1/2014 ... RESPONDENT/ COMPLAINANT
For Petitioner : M/S. R. JAYAKUMAR Advocate For Respondent : M/S.KANNITHEVAN,Govt. Advocate ( Crl. Side)
PETITION FOR BAIL Under Sec. 439 Cr.P.C.
ORDER : The Court Made the following order :-
The petitioners are the accused Nos.1 & 2 and they were arrested by the respondent police on 09.08.2014 for the alleged offences punishable under Sections 120-B of IPC and Section 14(c) of Foreigners Act, 1964 r/w para 5(1) (a) of the Foreigners Order, 1948, Section 14(c) of the Foreigners Act 1946, Section 12(1)(a) r/w Section 3 of the Passports Act, 1967 and Section 12(2) of the passports Act, 1967 in Crime No.1 of 2014, on the file of the respondent police and hence, seek bail.
2.It is submitted by the learned counsel for the petitioners that the petitioners are innocent persons and they have not committed any offence and prays for bail in favour of the petitioners.
3.The learned Government Advocate (Crl.side) submitted that in this case, no charge-sheet has been filed and Xylo Car, Bank Pass Book and mobile phone were already recovered from the petitioner. 4.Considering the facts and circumstances of the case and also considering the fact that the petitioners are in custody for more https://hcservices.ecourts.gov.in/hcservices/ than 65 days and investigation is almost completed, this Court is inclined to grant bail to the petitioners with certain conditions.
5.Accordingly, the petitioners are ordered to be released on bail on each executing 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 Magaretrate, Thiruvadanai and on further condition that the petitioners shall appear before the respondent Police daily twice i.e at 10.00 a.m. and 05.00 p.m until further orders.
Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1.THE JUDICIAL MAGISTRATE THIRUVADANAI 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE RAMANATHAPURAM DISTRICT 3.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4.THE INSPECTOR OF POLICE Q BRANCH POLICE STATION, THIRUVADANAI, RAMANATHAPURAM DISTRICT
5.THE OFFICER-IN-CHARGE, PUZHAL PRISON, CHENNAI +2. CC to M/S. R. JAYAKUMAR Advocate SR.No.10013 RL/8 C- 14/10/2014
2 issues framed by the court
Whether bail should be granted to accused persons detained for over 65 days pending investigation without a charge-sheet.
What conditions are necessary for releasing accused persons on bail in cases involving sections 120-B IPC and Foreigners Act.
5 provisions across 4 enactments
DASAN 2 MAHENDIRAN
STATE
G. CHOCKALINGAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
G. CHOCKALINGAM
Parties & counsel
