S.Palani v. The Inspector Of Police

Crl.O.P.No.10066 of 2016 P.KALAIYARASAN, J.

The petitioners, who are arrayed as accused, were arrested and remanded to judicial custody on 13.04.2016 for the alleged offence under Sections 147, 148, 279, 337, 307 of IPC read with 3(i)(X) of SC/ST Act, in Crime No.161 of 2016 on the file of the respondent police and hence, seek bail.

2.The case of the prosecution is that due to communal clash between two village people, the petitioners have threatened the defacto complainant and hit his two wheeler.

3.Heard both sides.

4.The learned counsel for the petitioners submit that the petitioners have been in custody from 13.04.2016 and a counter case is also pending against the opposite group. He would further submit that all the accused in the counter case and the co-accused in this case have been enlarged on bail and the petitioners are also having permanent residence and therefore, prays that the petitioners may be enlarged on bail.

P.KALAIYARASAN, J.

pri/sms 5.The learned Additional Public Prosecutor has no serious objection.

6.Considering the pendency of the counter case against the victim group, release of all the accused in the counter case and release of the co-accused in this case, and also the fact that they are also having permanent residence, this Court is inclined to enlarge the petitioners on bail with certain conditions.

7.Accordingly, the petitioners are ordered to be released on bail on their executing a bond for a sum of Rs.10,000/- [Rupees Ten thousand only] each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate I, Thiruvallur and on further condition that the petitioners shall report before the respondent police daily at 10.00 a.m., for one month. 04.05.2016 pri/sms Crl.O.P.No.10066 of 2016