Subramanian v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Fourth day of November Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.21432 of 2015 1 SUBRAMANIAN 2 PITCHAIAH ..PETITIONERS/ACCUSED 6 & 10 Vs.
STATE REP.BY ITS THE INSPECTOR OF POLICE PAPPAKUDI POLICE STATION, TIRUNELVELI DISTRICT.
(IN CRIME NO. 151/2015) ... RESPONDENT/COMPLAINANT For Petitioners : M/S S.LINGARASU Advocate For Respondent : MR.K.ANBARASAN, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.
ORDER : The Court Made the following order :- The petitioners/Accused Nos.6 & 10, who were arrested and remanded to judicial custody on 04.09.2015 for the alleged offences punishable under Sections 147, 148, 294(b), 323, 324, 307, 506(ii), 295 of IPC and Section 3 of TNPPDL Act and altered into Section 147, 148, 294(b), 323, 324, 307, 302, 506(ii), 295 of IPC and Section 3 of TNPPDL Act, in Crime No.151 of 2015 on the file of the respondent police and hence, seek bail.
2.The case of the prosecution is that due to previous enmity, during the temple festival, the petitioners and other named accused and two unnamed accused attacked the deceased and others with iron rod, stick and aruval and caused injury and also caused damages to the temple statue.
3.The case of the petitioners is that they have not committed any offence and they have been falsely implicated on the basis of the complaint given by the defacto complainant on 03.09.2015. The petitioners were voluntarily surrendered by themselves before the learned Judicial Magistrate, Cheranmahadevi on 04.09.2015 and they are in judicial custody from that date onwards. 4.The learned counsel for the petitioners submitted that https://hcservices.ecourts.gov.in/hcservices/ already A16 and A17 were arrested and released on bail in
Cr.M.P.No.6043 of 2015 and Cr.M.P.No.5788 of 2015 by the learned Principal Sessions Judge, Tirunelveli on 08.10.2015. 5.The learned Government Advocate (Crl.side) submitted that the injured had already been discharged from the hospital and this Court dismissed the bail petition filed by the accused Nos.1,2,8 & 11 in Crl.O.P.(MD)No.21145 of 2015 on 19.11.2015. 6.Considering the facts and circumstances of the case and also considering the fact that the co-accused Nos.16 & 17 were arrested and released on bail by Principal Sessions Judge, Tirunelveli in Cr.M.P(MD)Nos.6043 & 5788 of 2015 on 08.10.2015 and the petitioner is in judicial custody from 04.09.2015, this Court is inclined to grant bail to the petitioners with certain conditions.
Accordingly, the petitioners are ordered to be released on bail and on each of them executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Cheranmahadevi and on further condition that the petitioners shall appear before the respondent police daily at 10.00 a.m., until further orders. sd/- 24/11/2015 / TRUE COPY / Sub-Assistant Registrar TO 1 THE JUDICIAL MAGISTRATE, CHERANMAHADEVI.
2 -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
4 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI. 5 THE INSPECTOR OF POLICE PAPPAKUDI POLICE STATION, TIRUNELVELI DISTRICT. +1. CC to M/S S.LINGARASU Advocate SR.No.66983 akm/24.11.2015 /2p-7c/ ORDER IN CRL OP(MD) No.21432 of 2015 Date :24/11/2015 https://hcservices.ecourts.gov.in/hcservices/