Jeyabal v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Third day of February Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.3205 of 2015 1 JEYABAL 2 NAVANEETHAKRISHNAN ... PETITIONERS/ACCUSED NO.1 & 2 Vs THE STATE REP BY THE INSPECTOR OF POLICE PARTHIBANOOR POLICE STATION, RAMANATHAPURAM DT, CRIME NO.17/2015 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.S.K.PATTURAJA 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 were arrested and remanded to judicial custody on 09.02.2015, for the offence punishable under Sections 147, 148, 294(b), 324 and 307 of the Indian Penal Code, in Crime No.17 of 2015, on the file of the respondent police, seek bail.

2. The case of the prosecution is that these petitioners attempted to commit the murder of the de facto complainant, who is said to be belonging to another community. The quarrel had ensued when the petitioners were pasting posters.

3. It is represented by the learned Government Advocate (Crl.Side) that injured has been discharged from the hospital and there is no previous case as against the petitioners.

4. In such circumstances, this Court is inclined to grant bail to the petitioners. 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) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Paramakudi, Ramanthapuram and on further condition that:

[a] the petitioners shall stay at Sivagangai and report before the Town Police Station, Sivagangai, twice a day daily at 10.30 a.m. And 6.30 p.m. for a period of two weeks and thereafter as and when required for interrogation.

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[b] the petitioners shall not tamper with evidence or witness either during investigation or trial.

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

[d] 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]. The Inspector of Police concerned is directed to send compliance report to the office of the learned Additional Public Prosecutor whether the petitioners are complying with the order or not.

sd/- 23/02/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, PARAMAKUDI, 2 -DO-THRO'THE CHIEF JUDICIAL MAGISTRATE RAMANATHAPURAM DISTRICT 3 THE INSPECTOR OF POLICE PARTHIBANOOR POLICE STATION, RAMANATHAPURAM DT, 4 THE INSPECTOR OF POLICE TOWN POLICE STATION, SIVAGANGAI 5 THE OFFICER-IN-CHARGE DISTRICT PRISON, RAMANATHAPURAM 6 THE ADDL.PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.S.K.PATTURAJA Advocate SR.No.8236

ORDER

IN CRL OP(MD) No.3205 of 2015 Date :23/02/2015 NA/24/02/2015/P2/8C https://hcservices.ecourts.gov.in/hcservices/