Kalaidoss v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Fourth day of May Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice C.V.KARTHIKEYAN CRL OP(MD) No.6427 of 2017 1 KALAIDOSS 2 JEGADEESWARAN ... PETITIONERS/ACCUSED NO.4 AND 8 Vs STATE REPRESENTED BY, THE INSPECTOR OF POLICE PARAMAKUDI TOWN POLICE STATION, PARAMAKUDI, RAMANATHAPURAM DISTRICT.

CRIME NO.312/2017 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.D.SENTHIL 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 A4 and A8 in Crime No.312 of 2017 on the file of the respondent police, were arrested and remanded to judicial custody on 15.05.2017 for the alleged offence punishable under Section 147, 341,294(b), 387, 435 and 506(i) of IPC r/w. Section 3(1) of TNPPDL Act, and hence, seek bail. 2.The case of the prosecution is that while the de-facto complainant went to the Government Hospital at Paramakudi for dropping his friend through his bike, at that time, all the petitioners attacked the de-facto complainant and damaged his bike also.

3.The learned counsel for the petitioners submitted that the petitioners are no way connected with the alleged offence and they are innocent and they have been falsely implicated in this case. 4.The learned Government Advocate (crl.side) would submit that the injured had already been discharged from the hospital. 5.Considering the facts and circumstances of the case, this Court grants bail to the petitioners subject to the following conditions:

(i)the petitioners shall execute a bond for a sum of https://hcservices.ecourts.gov.in/hcservices/

Rs.10,000/- (Rupees ten thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Paramakudi;

(ii)The petitioners shall report before the respondent police daily at 10.30 a.m., for a period of one week. (iii)The petitioners shall deposit a sum of Rs.2,000/- (Rupees two thousand only) each to the credit of Crime No.312 of 2017 before the learned Judicial Magistrate, Paramakudi; (iv)The petitioners shall not tamper with evidence or witness either during investigation or trial. (v)The petitioners shall not abscond either during investigation or trial.

(vi)Granting of bail to these petitioners cannot be a ground seeking bail on similar grounds for the other accused, on whom the overt act is attributed;

(vii)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/- 24/05/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,PARAMAKUDI, RAMANATHAPURAM DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM. 3 THE INSPECTOR OF POLICE PARAMAKUDI TOWN POLICE STATION, PARAMAKUDI, RAMANATHAPURAM DISTRICT.

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

5 THE OFFICER-IN-CHARGE, DISTRICT JAIL, RAMANATHAPURAM. +1. CC to M/S.D.SENTHIL Advocate SR.No.22664 NS/IS CSL/KKR/SAR-III/25.05.2017 : 2P/7C

ORDER

IN CRL OP(MD) No.6427 of 2017 Date :24/05/2017 https://hcservices.ecourts.gov.in/hcservices/