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Madras High CourtCRL OP(MD)/14131/2015allowed

Premanand v. The Inspector Of Police,

2015-07-24Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Fourth day of July Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.14131 of 2015 1 PREMANAND 2 GOPI, 3 SARAVANAN, 4 VIJAY, 5 MUNIYAPPAN, 6 SIVA, ... PETITIONER(S) / ACCUSED 1 TO 6 Vs STATE REP BY:: THE INSPECTOR OF POLICE, FORT POLICE STATION, TRICHY DISTRICT.

CRIME NO.626 OF 2015 ... RESPONDENT(S) / COMPLAINANT(S) For Petitioner : M/S.G.BALAJI 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 petitioners are arrayed as Accused Nos.1 to 6 in Crime No.626 of 2015 on the file of the respondent police, for the offences punishable under Sections 147, 148, 294(b), 452, 307 of the Indian Penal Code read with Section 3 of TNPPDL Act. The petitioners were arrested and remanded to judicial custody on 15.07.2015. They have come forward with this petition seeking bail.

2. According to the prosecution, on 15.07.2015, the accused trespassed into the liquor vending shop No.10296, which was run by the Tamil Nadu Marketing Corporation near Chathiram Bus Stand, Trichy and attacked the salesman and also damaged liquor bottles worth about Rs.2,50,000/-.

3. The learned counsel for the petitioners submitted that they are innocent and they have been falsely implicated in this case and it is further submitted that shop is situated nearer to a Government School and the public had been making https://hcservices.ecourts.gov.in/hcservices/

representations to the Government for shifting the shop, which was not done for a long time and they assembled on the Birth Anniversary of former Chief Minister of Tamil Nadu, Kamaraj and protested against for running of the shop in that place.

4. The learned counsel for the petitioners submitted that they did not caused any damages on the property and the defacto complainant has given imaginary figure in the complaint.

5. The learned Government Advocate (Criminal Side) submitted that the case was registered on the basis of the complaint given by the salesman of the Tasmac shop and the accused have acted high-high-handedly and also caused damage to the property of the Government to the tune of Rs.2,50,000/-.

6. Considering the facts and circumstances, this court is inclined to grant bail to the petitioners on condition that the petitioners shall deposit a sum of Rs.25,000/- (Rupees Twenty five Thousand only) each to the credit of Crime No.626 of 2015 before the learned Judicial Magistrate No.I, Tirchy within a period of two weeks and on receipt of the same the petitioners are directed to be released on bail, on each of them executing a personal 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 No.I, Trichy and on further condition that the petitioners shall appear before the respondent police as and when required for interrogation.

sd/- 24/07/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE NO.I,TIRUCHY 2 THE CHIEF JUDICIAL MAGISTRATE TIRUCHY 3 THE ADDL. PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4 THE SUPERINTENDENT CENTRAL PRISON TIRUCHY 5 THE INSPECTOR OF POLICE, FORT POLICE STATION, TRICHY DISTRICT.

+1. CC to M/S.G.BALAJI Advocate SR.No.41300 DM 24 7 15 - 2P 7C ORDER IN CRL OP(MD) No.14131 of 2015 Date :24/07/2015 https://hcservices.ecourts.gov.in/hcservices/