Packiyaraj v. The Sub Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fifteenth day of December Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.23221 of 2015 1 PACKIYARAJ 2 THANGAIAH 3 PALANICHAMY 4 PALCHMAY 5 SUNDARRAJ ... PETITIONER(S) / ACCUSED 1 to 5 Vs THE STATE REP.BY THE SUB INSPECTOR OF POLICE NATHAM POLICE STATION, DINDIGUL DISTRICT.
(CRIME NO. 611 OF 2015) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.D.SELVARAJ Advocate For Respondent : M/S.K.Anbarasan Government 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 accused Nos.1 to 5, in Crime No.611 of 2015 on the file of the respondent police, were arrested and remanded to judicial custody on 21.10.2015 for the alleged offences punishable under Sections 324,395 and 506(ii) of IPC and hence, seek bail.
2. The case of the prosecution is that the de facto complainant Meiyan, with one Alagarsamy went to purchase the cattle, but, they did not purchase and returned with money. While so, the accused waylaid the de facto complainant, near Ayyanar falls and forcibly took away the money and threatened them with dire consequences.
3. The learned counsel for the petitioners submitted that the the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. He further submitted that the father of first accused was kidnapped by some persons on 18.10.2015 and therefore, the brother of the first accused gave a complaint against one Duraimurugan and Prasath. It is further contended that with great difficulty, the father of the first accused was rescued. Due to that dispute, the respondent police foisted false case against the petitioners. https://hcservices.ecourts.gov.in/hcservices/
4. The learned Government Advocate (Crl. Side) submitted that this Court by order dated 25.11.2015, dismissed the earlier petition filed by the petitioners and the investigation is pending.
5. Considering the fact that the alleged occurrence took place on 21.10.2015, from the date on which the petitioners are in judicial custody, this Court is inclined to grant bail to the petitioners with certain conditions. Accordingly, 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, Natham, Dindiugal District and on further condition that the petitioners shall appear before the respondent Police daily at 10.00 am until further orders. sd/- 15/12/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, NATHAM, DINDIGUL. 2 DO THRO THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
4 THE SUB INSPECTOR OF POLICE NATHAM POLICE STATION, DINDIGUL DISTRICT.
5 THE OFFICER INCHARGE, DISTRICT PRISON, DINDIGUL. +1. CC to M/S.D.SELVARAJ Advocate SR.No. 71614. TS/15.12.2015/2P-7C/SK-SKN/SAR - I
ORDER
IN CRL OP(MD) No.23221 of 2015 Date :15/12/2015 https://hcservices.ecourts.gov.in/hcservices/