Manthirmoorthy Moorthy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fifth day of February Two Thousand Fifteen PRESENT The Hon`ble Mr.Justice P.N.PRAKASH CRL OP(MD) No.1595 of 2015 1 MANTHIRMOORTHY @ MOORTHY 2 KANNAN 3 RAJA @ ILLAYAPERUMAL ... PETITIONERS/ACCUSED Nos.11 & 14 Vs STATE.REP.BY THE INSPECTOR OF POLICE VEERAVANALLUR POLICE STATION, TIRUNELVELI DISTRICT.

CR. NO.246/2014. ... RESPONDENT/COMPLAINANT For Petitioner : M/S.S.R.A.RAMACHANDRAN Advocate For Respondent : MR.A.P.BALASUBRAMANI,Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners, who are arrayed as A10, A11 and A14 were arrested and remanded to judicial custody on 05.11.2014 for the offences punishable under Sections 147, 148, 449, 302, 506(ii) r/w 149 IPC in Crime No.246 of 2014 on the file of the respondent police, seek bail.

2. This is the 2nd bail application and the first petition was dismissed by this Court in Crl.O.P.(MD) No.322 of 2015, vide order dated 09.01.2015, on merits.

3. It is seen that these petitioners were arrested on 05.11.2014 and till date, final report has not been filed by the respondent police. Under such circumstances these petitioners are entitled to statutory bail under Section 167(2) of the Code of Criminal Procedure.

4. 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) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Cheranmahadevi, Tirunelveli District, and on further condition that:

[a] the petitioners shall report before the respondent police twice https://hcservices.ecourts.gov.in/hcservices/ a day daily at 10.30 a.m. and 6.30p.m. for a period of four weeks and thereafter as and when required for interrogation.

[b] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[c] the petitioners shall not abscond either during investigation or trial.

[d] 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]. [e] The Inspector of Police concerned is directed to send a compliance report to the office of the learned Government Advocate, as to whether these petitioners are complying with the condition or not. sd/- 05/02/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, CHERANMAHADEVI,TIRUNELVELI DISTRICT.

2 DO-THRO' THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI.

3 THE INSPECTOR OF POLICE VEERAVANALLUR POLICE STATION, TIRUNELVELI DISTRICT. 4 THE SUPERINTENDENT, CENTRAL PRISON,PALAYAMKOTTAI. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.S.R.A.RAMACHANDRAN Advocate SR.No.5314

ORDER

IN CRL OP(MD) No.1595 of 2015 Date :05/02/2015 PA/05.02.15/2P/7C https://hcservices.ecourts.gov.in/hcservices/