Suriyanagarajapandian @ v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Sixth day of June Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice P.RAJAMANICKAM CRL OP(MD) No.7683 of 2019 1 SURIYANAGARAJAPANDIAN @ SURIYAPANDI 2 RAJAPANDI 3 PRABHU ... PETITIONERS / ACCUSED NO.1,3 & 7 Vs STATE REP. BY THE INSPECTOR OF POLICE, RAMESWARAM TOWN POLICE STATION, IN CRIME NO.101/2019, RAMANATHAPURAM DISTRICT. ... RESPONDENT / COMPLAINANT For Petitioner : MR.C.SUSI KUMAR Advocate For Respondent : MR.V.NEELAKANDAN, Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petition has been filed by Accused Nos.1 3 and 7 seeking bail for the alleged offence punishable under Sections 147, 148, 341, 342, 294(b), 324 and 307 of IPC, in Crime No.101 of 2019. 2.Heard both sides.

3.The learned counsel appearing for the petitioners has submitted that the petitioners are innocent persons and they have been falsely implicated in this case. He further submitted that the petitioners are in custody from 19.05.2019. He further submitted that already this Court has granted anticipatory bail to Accused No.6 and the injured was already discharged from the hospital and therefore, he prayed to grant of bail to the petitioners. 4.Per contra, the learned Additional Public Prosecutor appearing for the respondent has submitted that the petitioners said to have participated in the ear boring ceremony in the defacto complainant's house and at that time since the sufficient meat not provided, the petitioners and other accused persons assaulted the defacto complainant and caused injuries. However, he fairly conceded that the injured was already discharged from the hospital and Accused No.6 was granted anticipatory bail by this Court.

5.Taking into consideration of the aforesaid facts, this Court is inclined to grant bail to the petitioners by imposing conditions. [a]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, Rameswaram.

[b]the petitioners shall report before the respondent police daily at 10.00.a.m for a period of one month and thereafter, as and when required for the interrogation.

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

[d]the petitioners shall not tamper with evidence or witness 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 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]. [f]If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 06/06/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, RAMESWARAM.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM.

3 THE INSPECTOR OF POLICE, RAMESWARAM TOWN POLICE STATION, RAMANATHAPURAM DISTRICT.

4 THE OFFICER INCHARGE, SUB JAIL, RAMANATHAPURAM.

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

+1. CC to M/S.C.SUSI KUMAR Advocate SR.No. 9156

ORDER

IN CRL OP(MD) No.7683 of 2019 Date :06/06/2019 JM/VR/SAR 1/06.06.2019/3P/7C