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Madras High CourtCRL OP/9003/2017granted

Elangovan (34) v. The State Rep.By

2017-05-05Honourable Mr Justice P. Kalaiyarasan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Fifth day of May Two Thousand Seventeen PRESENT The Hon`ble Mr Justice P. KALAIYARASAN CRIMINAL ORIGINAL PETITION No.9003 of 2017 1 ELANGOVAN [ PETITIONER / ACCUSED 2 RAMESH 3 SAMRAJ 4 ARJUNAN, 5 RAMASAMY 6 MANI Vs THE STATE REP.BY [ RESPONDENT ] INSPECTOR OF POLICE, MECHARI POLICE STATION, SALEM DISTRICT.

CR.NO.145 OF 2017.

For Petitioner : M/S.M.MARIAPPAN Advocate For Respondent : MR. B.RAMESH BABU, Advocate ( Crl. Side) PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners arrayed as accused, were arrested and remanded to judicial custody on 21.04.2017 for the alleged offences punishable under Sections 147, 148, 447, 448, 341, 294 [b], 283, 353 and 506(ii) of IPC and Section 3[1] of TNPPDL Act, in Crime No.145 of 2017 on the file of the respondent police and hence, seek bail.

2. The case of the prosecution is that the petitioner along with others damaged the TASMAC shop protesting the existence of the shop in their locality.

3. Learned counsel appearing for the petitioners submit that the petitioner are having permanent residence and therefore, the may be released on bail.

4. Learned Government Advocate [Crl. Side] opposed this petition contending that the investigation is yet to be completed and there has been damage to the public property to the tune of more than Rs.1,00,000/-.

5. Considering the duration of custody of the petitioners, the nature of the offence, the fact that the petitioners are having permanent residence and also the facts and circumstances of the case, this Court is inclined to enlarge the petitioners on bail with certain conditions.

6. Accordingly, the petitioners are ordered to be released on bail on each of them executing a bond for Rs.10,000/- [Rupees Ten Thousand only] with two sureties each for a like sum, to the satisfaction of the learned Judicial Magistrate-II, Mettur and on further condition that the petitioners shall report before the respondent police on every Monday at 10.00 a.m., for a period of two months.

-sd/- 05/05/2017 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE JUDICIAL MEGISTRATE II METTUR 2 CHIEF JUDICIAL MEGISTRATE SALEM(FOR INFORMATION) 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE STATE REP.BY INSPECTOR OF POLICE, MECHARI POLICE STATION, SALEM DISTRICT.

5 THE SUPERINTENDENT, CENTRAL PRISON, SALEM CC to M/S.M.MARIAPPAN Advocate on payment of necessary charges CRL OP.9003/2017 Date :05/05/2017 CP 06/05/2017