Ganesan @ Ganesamoorthy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Sixteenth day of April Two Thousand Fifteen PRESENT The Hon`ble Mr.Justice K.KALYANASUNDARAM CRL OP(MD) Nos.6305 to 6307 of 2015 GANESAN @ GANESAMOORTHY : PETITIONER/ACCUSED NO.15 IN ALL THE PETITIONS Vs STATE REP.BY THE INSPECTOR OF POLICE MOONTRADAIPPU POLICE STATION, TIRUNELVELI DT, (CRIME NO.156/2014 IN CRL OP(MD)NO.6305/15 CRIME NO.155/2014 IN CRL OP(MD)NO.6306/15 CRIME NO.157/2014 IN CRL OP(MD)NO.6307/15) ... RESPONDENT/COMPLAINANT IN ALL THE PETITIONS For Petitioner : M/S.T.A.EBENEZER Advocate in all the petitions For Respondent : MR.K.V.RAJARAJAN, Govt. Advocate ( Crl. Side) in all the petitions PETITIONS FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner is the accused No.15 and he was surrendered before the Judicial Magistrate, Nanguneri on 25.02.2015 for the alleged offences punishable under Sections 147, 148, 294(b), 307, IPC altered into 147, 148, 149, 294(b), 307, 120(B) and 212 IPC, under Sections 147, 148, 302 IPC altered into 147, 148, 149, 341, 302, 120(b) and 212 of IPC and under Sections 147, 148, 341, 302 and 201 IPC altered into 147, 148, 149, 341, 302, 201, 120(B) and 212 IPC in Crime Nos.155, 156 and 157 of 2015 respectively on the file of the respondent police and hence, seeks bail.

2. The case of the prosecution is that due to the dispute over the two communities, the accused have attacked the de-facto complainant party and causing death of two persons and injuries to one of the victims.

3. The learned counsel appearing for the petitioner submitted that the petitioner's name does not find place in the FIR and he does not belong to the community of the de-facto complainant nor the accused https://hcservices.ecourts.gov.in/hcservices/ party and even as per the allegations, the petitioner was watching the movement of the deceased party. The learned counsel further submitted

that the main accused i.e., A1 to A4, A7 to A14 and A19 were arrested by the respondent police and A3, A4, A7, A9, A10, A12, A13, A14 and A19 have been enlarged on bail. The learned counsel further submitted that after completing the investigation, the respondent has laid charge sheet in this case.

4. The learned Government Advocate (Criminal side) appearing for the respondent submitted that this is a case of double murder and still tension is prevailing in the area and the respondent police arrested the accused 1 and 2 and they are still in custody.

5. Considering the avert act attributed against the petitioner and stage of investigation and also considering the fact that the petitioner is in jail for more than 52 days, this Court is inclined to grant bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail on executing a personal 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, Nanguneri, Tirunelveli District and on further condition that the petitioner shall stay at Dindigul and report before the Dindigul Town Police Station daily at 10.00 a.m. and 5.00 p.m until further orders.

sd/- 16/04/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO

1. THE JUDICIAL MAGISTRATE, NANGUNERI, TIRUNELVELI DISTRICT

2. DO-THRO' THE CHIEF JUDICIAL MAGISTRATE,TIRUNELVELI.

3. THE SUPERINTENDENT,CENTRAL PRISON,PALAYAMKOTTAI,TIRUNELVELI DISTRICT.

4. THE INSPECTOR OF POLICE MOONTRADAIPPU POLICE STATION, TIRUNELVELI DT.

5. THE OFFICER INCHARGE,DINDIGUL TOWN POLICE STATION,DINDIGUL.

6. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT,MADURAI.

+3 CCs to M/S.T.A.EBENEZER Advocate SR.Nos.19085 to 19087 ORDER IN CRL OP(MD) Nos.6305 to 6307 of 2015 Date :16/04/2015 PA/16.04.2015/2P/10C https://hcservices.ecourts.gov.in/hcservices/