Ganesamoorthy, v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Eleventh day of February Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) Nos.2008 and 2153 of 2019 1 GANESAMOORTHY 2 MATHURAIVEERAN 3 VEERAMANI 4 PRABAKARAN ... PETITIONERS / ACCUSED Nos.1,2,4 and 5 IN CRL OP(MD)No.2008 in 2019 BALASUBRAMANIAM @ SUBRAMANI ... PETITIONERS / ACCUSED ` No.3 IN CRL OP(MD)No.2153 in 2019 Vs STATE REP.BY THE INSPECTOR OF POLICE E-PUDUR POLICE STATION, TRICHY CITY.

Crime No.47/2019 ... RESPONDENT / COMPLAINANT IN BOTH THE PETITIONS For Petitioners : M/S.K.VIDYA Advocate IN BOTH THE PETITIONS For Respondent : Mr.K.SUYAMBULINGA BHARATHI Govt. Advocate ( Crl. Side) IN BOTH THE PETITIONS PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners in both petitions, who were arrested and remanded to judicial custody since 31.01.2019 for the offence punishable under Sections 452, 294(b), 324, 506(i) of IPC r/w. Section 3(1) of TNPPDL Act @ Sections 147, 148, 452, 294(b), 324, 307, 506(ii) of IPC and Section 4 of the Tamilnadu Prohibition of Harassment of Women Act and Section 3(1) of TNPPDL Act, in Crime No.47 of 2019, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that due to civil dispute, the petitioners assaulted the defacto complainant, thereby the

defacto complainant sustained injury and admitted in the hospital. Hence, the complaint.

3.The learned for the petitioners would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Accordingly, he prayed for bail.

4.The learned Government Advocate (Crl. Side) would submit that the though the injured person in this case has been discharged from the hospital, the petitioners caused damages to the tune of Rs.30,000/-.

5.Considering the facts and circumstances of the case and also considering the fact that the injured person discharged from the hospital, this Court is inclined to grant bail to the petitioners.

6.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, of whom, one should be a blood related surety, each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Trichy and on further condition that:

(a) the sureties shall affix their photographs and left thumb impression in the surety bond and the concerned Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(b) the petitioners shall deposit a sum of Rs.30,000/- (Rupees Thirty Thousand only) into the Crime number before the concerned Judicial Magistrate Court without prejudice to the right of the petitioners.

(c) the petitioners shall report before the respondent police daily daily at 10.30 a.m. until further orders; (d) the petitioners shall not tamper with evidence or witness either during investigation or trial;

(e) the petitioners shall not abscond either during investigation or trial;

(f) on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned 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]; and;

(g) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC;

sd/- 11/02/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO II, TRICHY.

2.THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.

3.THE INSPECTOR OF POLICE, E-PUDUR POLICE STATION, TRICHY CITY.

4.THE SUPERINTENDENT, CENTRAL JAIL, TRICHY.

5.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+5. CC to Mr.J.LAWRANCE Advocate SR.Nos.2840,2841

ORDER

IN CRL OP(MD) Nos.2008 and 2153 of 2019 Date :11/02/2019 TK/PN/SAR-3/11.02.2019/3P/11C