Vanam @ Vanaraj, v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Fourth day of June Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice P.RAJAMANICKAM CRL OP(MD) No.8747 of 2019 1 VANAM @ VANARAJ 2 JAYARAM 3 JEYARAMACHANDIRAN 4 ALAGARRAJA 5 RAJAMANI ... PETITIONERS / ACCUSED NOS.1 TO 5 Vs STATE REP. BY THE INSPECTOR OF POLICE, KADAMALAIKUNDU POLICE STATION, THENI DISTRICT.
(CRIME NO.186 OF 2019) ... RESPONDENT / COMPLAINANT For Petitioner : MR.C.SIVANANTHAMURTHY 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 :- This petition has been filed by the petitioners/ Accused-1 to 5 seeking bail for the alleged offence under Sections 147,148,332,353,506(ii) and 307 of IPC.
2. Heard both sides
3. The learned counsel for the petitioners would submit that due to some wordy quarrel a false case has been foisted against the petitioners. He further submitted that the petitioners were arrested and remanded to judicial custody on 09.06.2019 and from that date onwards they are in custody. He further submitted that the injured was already discharged from the hospital. He further submitted that the co- accused persons in this case were granted anticipatory bail by this Court. and therefore he prayed to grant bail to the petitioners.
4. The learned Additional Public Prosecutor would submit that due to some wordy quarrel the petitioner herein along with others accused attacked the deceased with deadly weapons. Hence he strongly opposed to grant anticipatory bail to the petitioners. However he fairly conceded that the injured was already discharged from the hospital and co - accused persons in this case were granted anticipatory bail by this Court.
5.Taking into consideration the aforesaid submissions and also the fact that the petitioners are in custody for the past 15 days and also the fact the injured was discharged from the hospital, and also the fact that co- accused persons in this case was granted anticipatory bail by this Court, 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 Judicial Magistrate, Aundipatti, Theni District. [b] the petitioners shall report before the Respondent Police, daily at 10.30 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/Trail 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/Trail 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/- 24/06/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, AUNDIPATTI, THENI DISTRICT.
2 DO-THROUGH :
THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT.
3 THE INSPECTOR OF POLICE, KADAMALAIKUNDU POLICE STATION, THENI DISTRICT.
4 THE SUPERINTENDENT, CENTRAL JAIL, MADURAI.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.C.SIVANANTHAMURTHI Advocate SR.No. 10279
ORDER
IN CRL OP(MD) No.8747 of 2019 Date :24/06/2019 JM/VR/SAR 2/24.06.2019/3P/7C