Siddique Ali, v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty First day of February Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.2694 of 2019 SIDDIQUE ALI ... PETITIONER / ACCUSED NO.8 Vs STATE REP. BY THE INSPECTOR OF POLICE, THIRUPALAIKUDI POLICE STATION, RAMANATHAPURAM DISTRICT.

(CRIME NO.08/2019) ... RESPONDENT / COMPLAINANT For Petitioner : MR.R.MURUGAN Advocate For Respondent : MR.K.SUYAMBULINGA BHARATHI, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner who was arrested on 13.02.2019 for the offence under Sections 147, 148, 294(b), 324, 506(ii) and 307 IPC, in Cr. No.08 of 2019, on the file of the respondent police, seeks bail. 2.It is the case of the prosecution that due to previous enmity between the two groups, the petitioner and other accused attacked the defacto complainant, for which, the Law Enforcing Agency registered case and counter case was also registered. 3.The learned counsel appearing for the petitioner would submit that the petitioner did not commit any offence as alleged by the prosecution and he is an innocent person. He would further submit that already the co-accused were enlarged with bail by this Court in Crl.O.P.(MD)No.2252 of 2019, dated 14.02.2019 and hence, he would pray for bail.

4.The learned Government Advocate(Crl.side) would submit that the investigation is pending.

https://hcservices.ecourts.gov.in/hcservices/ 5.Considering the nature of the case and considering the fact that the co-accused were enlarged with bail, I am inclined to grant

bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) 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.I, Ramanathapuram and on further condition that:

(a)the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; (b)the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders;

(c)the petitioner shall not tamper with evidence or witness either during investigation or trial;

(d)the petitioner shall not abscond either during investigation or trial;

(e)on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner 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; (f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 21/02/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I, RAMANATHAPURAM.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM.

3 THE INSPECTOR OF POLICE, THIRUPALAIKUDI POLICE STATION, RAMANATHAPURAM DISTRICT.

4 THE OFFICER INCHARGE, DISTRICT PRISON, RAMANATHAPURAM.

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

+1 CC to M/s.R.MURUGAN, Advocate ( SR-3471[I] dated 21/02/2019 )

ORDER

IN CRL OP(MD) No.2694 of 2019 Date :21/02/2019 JM/PN/SAR 3/21.02.2019/2P/7C https://hcservices.ecourts.gov.in/hcservices/