Jegan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Fourth day of June Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.10230 of 2016 1 JEGAN 2 SELVAM @ INFANT ... PETITIONERS/ACCUSED NO.3 &4 Vs THE STATE REP.BY THE INSPECTOR OF POLICE SOUTH POLICE STATION, THOOTHUKUDI DISTRICT.

CR NO. 704 OF 2016. ... RESPONDENT/COMPLAINANT For Petitioner : M/S M.M.MANIVELPANDIAN Advocate For Respondent : M/S.P.KANNITHEVAN Govt. Advocate (Crl.Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners are arrayed as accused Nos.3 and 4, who were arrested and remanded to judicial custody on 04.06.2016 for the alleged offences punishable under Sections 147,148,294(b),307, 506 (ii) of IPC and Section 4 of TNPWH Act and Section 3 of TNPPDL Act 1992, in Crime No.704 of 2016, on the file of the respondent police and hence, seek bail.

2.The case of the prosecution is that due to previous enmity, the petitioners along with other accused entered into the shop of the defacto complainant and assaulted the defacto complainant and his wife with deadly weapons and also abused them in filthy language. On complaint, a case has been registered for the above said offences.

3.The case of the petitioners is that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. He further submitted that the petitioners are in judicial custody from 04.06.2016 and prays for enlarging the petitioners on bail.

4.The learned Government Advocate(Crl.side) submitted that the injured persons had already been discharged from the hospital and the investigation is pending. .

5.Considering the facts and circumstances of the case and also considering the fact that the injured persons had already been discharged from the hospital, this Court is inclined to enlarge the petitioners on bail with certain conditions. Accordingly, the petitioners are ordered to be released on bail, subject to the https://hcservices.ecourts.gov.in/hcservices/

following conditions:

(i) Each of the petitioners shall execute 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 No.I, Thoothukudi.

(ii) the petitioners shall report before the respondent police daily at 10.30 a.m. until further orders.

(iii) the petitioners shall not tamper with evidence or witness either during investigation or trial.

(iv) the petitioners shall not abscond either during investigation or trial.

(v) 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]. 6.The Inspector of Police concerned is directed to send a compliance report to the office of the learned Government Advocate Crl side), as to whether the petitioners are complying with the condition or not.

sd/- 24/06/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I,THOOTHUKUDI.

2 THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI. 3 THE INSPECTOR OF POLICE, SOUTH POLICE STATION, THOOTHUKUDI DISTRICT.

4 THE SUPERINTENDENT CENTRAL PRISON, PALAYAMKOTTAI, TIRUNELVELI.

5 THE OFFICER INCHARGE, NANGUNERI JAIL, NANGUNERI.

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

+1. CC to M/S M.M.MANIVELPANDIAN Advocate SR.No.32710 trp JA-GSV-PM-SAR.II/24.06.2016/2P:8C

ORDER

IN CRL OP(MD) No.10230 of 2016 Date :24/06/2016 https://hcservices.ecourts.gov.in/hcservices/