Malaichamy v. The Sub 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.3226 of 2015 1 MALAICHAMY 2 MURUGAN 3 ALAGU RAJA 4 ARIVU @ ALAGU RAJA 5 RAMACHANDRAN 6 PERUMAL 7 VADIVEL ... PETITIONERS/ACCUSED Vs THE STATE REP BY THE SUB INSPECTOR OF POLICE NILAKOTTAI POLICE STATION, NILAKOTTAI TALUK, DINDIGUL.
CRIME NO.62 OF 2015 ... RESPONDENTS/COMPLAINANT For Petitioner : M/S.M.VIVEKANANDAN 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 07.02.2015, for the offence punishable under Sections 147, 148, 452, 294(b), 323, 307 and Section 3(1) of the Tamil Nadu Public Property (Prevention of Damage and Loss) Act, 1992, in Crime No.62 of 2015, on the file of the respondent police, seek bail.
2. This is a case and counter and the counter case in Crime Number is 63 of 2015.
3. It is alleged that these petitioners and the de facto complainant are relatives and a quarrel ensued while erecting digital banner in connection with temple festival. These petitioners were arrested on 07.02.2015 and there is no previous case against them.
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, Nilakottai and on further condition that:
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[a] the petitioners shall stay at Trichy and report before the Vaiyampatti Police Station, Trichy, 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.
[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, NILAKOTTAI 2 -DO-THRO'THE CHIEF JUDICIAL MAGISTRATE DINDIGUL DISTRICT 3 THE SUB INSPECTOR OF POLICE NILAKOTTAI POLICE STATION, NILAKOTTAI TALUK, DINDIGUL.
4 THE INSPECTOR OF POLICE VAIYAMPATTI POLICE STATION, TRICHY 5 THE OFFICER-IN-CHARGE, SUB-JAIL, DINDIGUL 6 THE ADDL.PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.M.VIVEKANANDAN Advocate SR.No.8126
ORDER
IN CRL OP(MD) No.3226 of 2015 Date :23/02/2015 NA/24/02/2015/P2/8C https://hcservices.ecourts.gov.in/hcservices/