Madras High CourtCRL OP(MD)/10954/2015allowed

Ganesan v. The Inspector Of Police

2015-06-19Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Nineteenth day of June Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.10954 of 2015 GANESAN ..PETITIONER/ACCUSED No.6 Vs.

STATE REP.BY THE INSPECTOR OF POLICE SIVAKASI EAST POLICE STATION, VIRUDHUNAGAR DISTRICT.

CRIME NO.94/2015 ..RESPONDENT/COMPLAINANT For Petitioner : M/S.AR.JEYATHUTHRAN Advocate For Respondent : Mr.K.V.RAJARAJAN, Government Advocate(Crl.Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who is arrayed as A6, was arrested and remanded to judicial custody on 19.05.2015 for the alleged offences punishable under Sections 452, 365, 147, 148, 342, 294(b), 324 and 506(ii) of IPC @ 452, 147, 148, 294(b), 364(A), 367, 368 and 506(ii) of IPC r/w 120(b) of IPC, in Crime No.94 of 2015 on the file of the respondent police and hence, seeks bail.

2.The prosecution case is that the accused have kidnaped the defacto complainant demanding ransom of Rs.1 crore and after receiving Rs.25,00,000/-, released the defacto complainant.

3. The learned counsel for the petitioner submitted that the occurrence had taken place on 04.03.2015 and in the earlier application moved by the petitioner for seeking anticipatory bail in Crl.O.P.(MD) No.6659 of 2015, the respondent filed counter stating that the petitioner acted as Deputy Superintendent of Police.

4.The learned counsel for the petitioner further submitted that the petitioner is implicated only on the confession of the co-accused and there is no material against him and it is further submitted that the similarly placed co-accused A5 was released on bail by by this Court in Crl.O.P(MD)No.9543 of 2015 dated 05.06.2015. He further submitted that the petitioner is an innocent person and he has been falsely implicated in this case.

5.The learned Government Advocate(Crl.side) objected the bail petition stating that the petitioner is involved in two previous cases for the offences under Sections 420 of IPC and if he is released on bail, he will tamper the witnesses.

6.Considering the above facts, this Court is inclined to grant bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail on 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 Magistrate, Sivakasi, and https://hcservices.ecourts.gov.in/hcservices/

on further condition that the petitioner shall reside at Salem and report before the Astharpatti Police Station daily twice at 10.00 a.m., for 5.00 p.m., until further orders.

sd/- 19/06/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, SIVAKASI, VIRUDHUNAGAR DISTRICT. 2 -DO-THRO'THE CHIEF JUDICIAL MAGISTRATE,VIRUDHUNAGAR AT SRIVILLIPUTHUR. 3 THE ADDL.PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT,MADURAI. 4 THE INSPECTOR OF POLICE, SIVAKASI EAST POLICE STATION, VIRUDHUNAGAR DISTRICT.

5 THE INSPECOTR OF POLICE, ASTHARPATTI POLICE STATION, SALEM. 6 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI. +1. CC to M/S.AR.JEYATHUTHRAN Advocate SR.No.32275 ORDER IN CRL OP(MD) No.10954 of 2015 Date :19/06/2015 PBK/KBM 19/06/2015 ::2P-8C::

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