Cholan @ Arunmozhi Cholan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Ninth day of April Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) Nos.6525 and 6526 of 2015 CHOLAN @ ARUNMOZHI CHOLAN ... PETITIONER/ACCUSED NO.1 IN BOTH PETITIONS Vs STATE REP BY THE INSPECTOR OF POLICE PARAVAKOTTAI POLICE STATION, THANJAVUR DISTRICT.

CR.NOS.63 & 64/2010. ... RESPONDENT/COMPLAINANT IN BOTH PETITIONS For Petitioner : M/S.E.BALASUBRAMANIAN Advocate IN BOTH PETITIONS For Respondent : MR.K.V.RAJARAJAN, Govt. Advocate ( Crl. Side) IN BOTH PETITIONS PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who was remanded to judicial custody by the respondent police on 13.03.2015 for the alleged offences under Sections 147, 148, 336, 324, 325, 153(A) r/w 149 IPC r/w Section 3

(1) of TNPPDL Act, Section 3(i)(x) of the Scheduled Caste and the Scheduled Tribes(Prevention of Atrocities) Act, 1989 in Crime Nos.63 and 64 of 2010 on the file of the respondent police, seeks bail.

2. According to the prosecution, when a political leader was speaking in a function, the accused scolded him by using filthy language and in the caste name and also assaulted him.

3. The learned counsel for the petitioner submitted that the petitioner was not aware of filing of charge sheet in this case and on 29.01.2015, Non Bailable Warrant was issued at the time of committal of the case and on execution of the same, the petitioner was arrested and remanded to judicial custody. The learned counsel further submitted that the petitioner is innocent and he has not committed any offence and he was not aware of the issuance of Non Bailable Warrant.

4.The learned Government Advocate (Crl.side) submitted that other accused have been appearing before the trial court and on the basis of Non Bailable Warrant, the petitioner was secured on 13.03.2015.

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5. Considering the facts and circumstances of the case, I am inclined to enlarge the petitioner on bail on the following conditions. Accordingly, the petitioner is directed to be released on bail on 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 I Additional Sessions(PCR), Thanjavur, and on further condition that the petitioner shall appear before the said court on all future hearings.

sd/- 09/04/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE I ADDITIONAL SESSIONS JUDGE(PCR) THANJAVUR 2 THE INSPECTOR OF POLICE PARAVAKOTTAI POLICE STATION, THANJAVUR DISTRICT.

3 THE OFFICER-IN-CHARGE, SUB-JAIL, THANJAVUR 4 THE ADDL.PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.E.BALASUBRAMANIAN Advocate SR.No.18065

ORDER

IN CRL OP(MD)Nos.6525 & 6526 of 2015 Date :09/04/2015 NA/10/04/2015/P2/6C https://hcservices.ecourts.gov.in/hcservices/