Muthuraj @ Chokku v. The Sub-Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Eighth day of April Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) Nos.6427 & 6428 of 2015 1 MUTHURAJ @ CHOKKU 2 DINESH 3 MARIRAJ ... PETITIONERS / ACCUSED NOS.2,5 & 6 IN CRL OP(MD)No.6427 of 2015 1 THANGARAJ 2 RAVICHANDRAN @ RAVI ... PETITIONERS / ACCUSED NOS.1 & 9 IN CRL OP(MD)No.6428 of 2015 Vs THE STATE REP.BY THE SUB-INSPECTOR OF POLICE, KOVILPATTI WEST POLICE STATION, TUTICORIN DISTRICT.

... RESPONDENT / COMPLAINANT CRIME NO.228/2015 SAME IN BOTH PETITIONS For Petitioner : M/S.M.VEILKANIRAJU, Advocate in both petitions For Respondent : M/S.K.V.RAJARAJAN, Govt. Advocate (Crl. Side) in both petitions PETITIONS FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners in Crl.O.P(MD)No.6427 of 2015 are A2, A5 and A6 and they were arrested and remanded to judicial custody on 19.03.2015 and the petitioners in Crl.O.P(MD)No.6428 of 2015 are A1 and A9 and they were arrested and remanded to judicial custody on 23.03.2015 for the alleged offences punishable under sections 341, 294(B), 323, 307, 506(ii) of IPC and section 3 of TNPPDL Act, in Crime No.228 of 2015 on the file of the respondent police and hence, seek bail.

2.The case of the prosecution is that on 17.03.2015 at about 09.00 p.m., the petitioners along with the other accused persons stopped a private bus and broken the front glass of the bus and when the same was questioned by the de-facto complainant, who is driver of the bus, the accused persons abused him with filthy language and assaulted and also threatened him with dare consequences. 3.The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case.

4.The learned Government Advocate (Criminal side) appearing for the respondent submitted that major portion of the investigation is over and the damage caused by the accused persons is estimated at Rs.30,000/- and no previous case is pending against the petitioners. 5.Considering the facts and circumstances of the case, this Court is inclined to grant bail to the petitioners with certain conditions.

6.Accordingly, the petitioners are ordered to be released on bail, on each of them 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 No.II, Kovilpatti and on further condition that each petitioner shall deposit a sum of Rs.2,000/- [Rupees Two thousand only] to the credit of Crime No.127 of 2015 and on further condition that the petitioners shall appear before the respondent police daily at 10.00 a.m. until further orders.

sd/- 08/04/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II, KOVILPATTI. 2 -DO-THRO' THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN. 3 THE SUB-INSPECTOR OF POLICE, KOVILPATTI WEST POLICE STATION, TUTICORIN DISTRICT.

4 THE OFFICER IN-CHARGE, SUB-JAIL, KOVILPATTI. 5 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI. 6 THE ADDL.PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+2. CCs to M/S.M.VEILKANIRAJU, Advocate SR.No.17456 & 17457. ORDER IN CRL OP(MD) Nos.6427 & 6428 of 2015 Date :08/04/2015 msm 08.04.2015 p2/9c