Madras High CourtCRL OP(MD)/17117/2015granted

Divagar v. The Inspector Of Police

2015-09-03Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Third day of September Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.17117 of 2015 1.DIVAGAR 2.YOGESHWARAN 3.KANNAN 4.SARANRAJ ..PETITIONERS/ACCUSED 2, 4 TO 6 Vs.

STATE REP.BY THE INSPECTOR OF POLICE PATTUKKOTTAI TALUK POLICE STATION, PATTUKKOTTAI, THANJAVUR DISTRICT.

(CRIME NO. 287 OF 2015) ... RESPONDENT/ COMPLAINANT For Petitioners : M/S T.A.EBENEZER Advocate For Respondent : MRS.S.PRABHA, 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 accused Nos.2, 4 to 6 in Crime No.287 of 2015 on the file of the respondent police, was arrested on 20.08.2015 for the alleged offences punishable under Sections 147, 148, 353, 307 of I.P.C., and Section 3 (1) of TNPPDL Act r/w. Section 5 of Explosives Substance Act, 1908 and hence, seek bail.

2. The prosecution case is that on 20.08.2015, when a Leader of Political Party came to Pattukottai for flag hoisting, the accused were found with 2 petrol bombs and two aruvals in a car.

3. The learned counsel for the petitioners submitted that the case was registered on the complaint given by the Special Sub Inspector of Police and even according to the de-facto complainant, the accused have only assembled in the place and they did not indulge in any violence. It is further submitted that they have been in custody since 20.08.2015.

4. The learned Government Advocate (Crl.side) vehemently opposed granting of bail to the petitioners submitting that tension is prevailing in that area and the police picketing also posted and it is further submitted that the respondent have recovered two petrol bombs and two aruvals from the accused and the fourth petitioner/A6 is involved in one previous case.

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5. Considering the rival submissions, this Court is inclined to grant bail to the petitioners with certain conditions. 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 each for a like sum to the satisfaction of the learned Judicial Magistrate, Pattukottai, Thanjavur District and on further condition that the petitioners shall reside at Ramanathapuram and appear before the Kenikarai Police Station daily twice at 10.00 a.m. and 5.00 p.m. until further orders.

sd/- 03/09/2015 / TRUE COPY / Sub-Assistant Registrar TO 1 THE JUDICIAL MAGISTRATE, PATTUKOTTAI, THANJAVUR DISTRICT.

2 -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE THANJAVUR AT KUMBAKONAM.

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

4 THE INSPECTOR OF POLICE PATTUKKOTTAI TALUK POLICE STATION, PATTUKKOTTAI, THANJAVUR DISTRICT.

5 THE INSPECTOR OF POLICE, KENIKARAI POLICE STATION, RAMANATHAPURAM DISTRICT. THE SUPERINTENDENT CENTRAL PRISON, TRICHY.

+1. CC to M/S T.A.EBENEZER Advocate SR.No.51500 Akm/03.09.2015 /2p-8c/ ORDER IN CRL OP(MD) No.17117 of 2015 Date :03/09/2015 https://hcservices.ecourts.gov.in/hcservices/