Chellaiya v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/02/2020 PRESENT The Hon'ble Mr.Justice G.R.SWAMINATHAN 1.Chellaiya 2.Vellaisamy 3.Veeraiya ...Petitioners/Accused Nos.3 to 5 Vs The State rep.by The Inspector of Police, Udaiyalipatty Police Station, Pudukkottai District.
Crime No.130/2019 ... Respondent/Complainant For Petitioners : M/s.P.Ganapathi Subramanian, Advocate.
For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- For Bail in Crime No. 130/2019 on the file of the Respondent Police.
ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioners and the learned Government Advocate(Crl. Side) appearing for the respondent.
2. The petitioners are in custody since 30.12.2019 for the offences punishable under sections 147, 148, 294(b), 324, 506(ii) and 302 of I.P.C., r/w Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, in Crime No.130 of 2019 on the file of the respondent police. They seek bail.
3. The occurrence is said to have taken place due to wordy quarrel in connection with pathway dispute
4. The first petitioner had hit the deceased with a wooden log. The second petitioner had attacked the sister of the deceased. The third petitioner had also attacked the deceased with a wooden log. 1/3
The petitioners are not having any previous case. Investigation appears to be substantially over. Their continued incarceration is not going to serve any purpose.
5. Taking note of the facts and circumstances of this case, I am inclined to enlarge the petitioners on bail with certain conditions. Accordingly, the petitioners are ordered to be released on bail, subject to the following conditions; (i) the petitioners shall execute 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, Keeranur.
(ii) the petitioners herein shall stay at Trichy and report before the K.K.Nagar Police Station, Trichy, daily at 10.30 a.m., for a period of four weeks. The petitioners shall not enter the limits of the Pudukkottai District for a period of four weeks. (iii) 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]. sd/- 03/02/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1.THE JUDICIAL MAGISTRATE, KEERANUR.
2.THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI DISTRICT.
3.THE INSPECTOR OF POLICE, UDAIYALIPATTY POLICE STATION, PUDUKKOTTAI DISTRICT.
4.THE INSPECTOR OF POLICE, K.K.NAGAR POLICE STATION, TRICHY.
5.THE SUPERINTENDENT, CENTRAL PRISON, PUDUKKOTTAI.
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6.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.P.GANAPATHI SUBRAMANIAN Advocate SR.No.2160
ORDER
IN CRL OP(MD) No.1760 of 2020 Date :03/02/2020 RMI TK/PN/SAR.2/03.02.2020/3P/8C 3/3