Allowed

Suresh, v. the Inspector of Police

Madras HC11 Jun 2018CRL OP(MD)/9377/2018

Case brief

AI extract

What is this about?

This judgment grants bail to the sole accused in a murder case under Section 302 IPC, noting he was arrested on suspicion with only his confession as material. The investigation is nearly complete. Bail is granted subject to conditions including execution of a bond and appearance for interrogation.

What did the court decide?

Petitioner released on bail with an executive bond of Rs. 10,000 and two sureties, conditioned to appear for interrogation and not abscond.

Suresh, Vs the Inspector of Police — Murder and Culpable Homicide | Madras HC (2018)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )

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Monday, the Eleventh day of June Two Thousand Eighteen

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PRESENT

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The Hon`ble Mr.Justice G.R.SWAMINATHAN

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CRL OP(MD) No.9377 of 2018

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SURESH ... PETITIONER/SOLE ACCUSED

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THE STATE REP.BY, THE INSPECTOR OF POLICE, VAIYAMPATTI POLICE STATION, TRICHY DISTRICT. (CR.NO.66/2018) ... RESPONDENT/COMPLAINANT

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For Petitioner : MR.K.NEETHIMOHAN, Advocate

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For Respondent : MR.A.ROBINSON, Government Advocate (Crl.Side)

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PETITION FOR BAIL Under Sec. 439 Cr.P.C.

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ORDER : The Court Made the following order :-

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The petitioner is the sole accused. He was arrested and remanded to judicial custody on 07.04.2018 for the offence punishable under Section 302 of IPC in Crime No. 66 of 2018, on the file of the respondent police. He seeks bail.

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2.The petitioner is in custody since 07.04.2018 for offence under Section 302 of IPC. This Court went through the contents of the First Information Report. The petitioner has been arrested only on account of suspicion. The only material as of now available to the prosecution is the confession of the petitioner. The investigation is almost over. The Viscera Report is awaited.

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3.Taking note of the facts and circumstances of this case, this Court is inclined to grant bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail, subject to the following conditions;

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(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 learned https://hcservices.ecourts.gov.in/hcservices/ Judicial Magistrate, Manapparai, Trichy District;

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(ii)the petitioner is directed to appear before the respondent as and when required for interrogation;

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(iii) The petitioner shall not abscond;

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(iv)on breach of any of the aforesaid conditions, the 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 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/-

11/06/2018

/ TRUE COPY /

Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court,

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Madurai - 625 023.

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1 THE JUDICIAL MAGISTRATE, MANAPARAI, TRICHY DISTRICT

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2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT

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3 THE INSPECTOR OF POLICE, VAIYAMPATTI POLICE STATION, TRICHY DISTRICT.

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4 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY

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5 THE ADDITIONAL PUBLIC PROSECUTOR

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MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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+1. CC to MR.K.NEETHIMOHAN, Advocate SR.No.10031

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ORDER

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CRL OP(MD) No.9377 of 2018 Date :11/06/2018 PK/PN/ASVM/11.06.2018 : 2P/7C

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https://hcservices.ecourts.gov.in/hcservices/

Suresh, v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

Suresh, v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

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