Madras High CourtCRL OP(MD)/6930/2015partly allowed

Jothi v. Inspector Of Police

2015-04-15Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fifteenth day of April Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.6930 of 2015 1 JOTHI 2 APPADURAI 3 KOMBAIAH 4 YASU RAJA ... PETITIONERS/ACCUSED No.1 TO 4 Vs STATE REP.BY INSPECTOR OF POLICE SRIVAIKUNDAM POLICE STATION, THOOTHUKUDI DISTRICT.

(CR.NO.104 OF 2015) ... RESPONDENT/COMPLAINANT For Petitioner : M/S.S.R.DURAIRAJ Advocate For Respondent : MR.K.V.RAJARAJAN, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners, who are arrayed as A1 to A4 in Crime No.104 of 2015 on the file of the respondent police, were arrested on 05.04.2015 for the alleged offences punishable under Sections 399 and 25(1)(a) of Arms Act, and hence, seek bail.

2.The case of the prosecution is that on 05.04.2015 the petitioners were found in possession of Iron pipe and conspired to commit dacoity in Bharath State Bank.

3.The learned counsel for the petitioner submitted that the de-facto complainant is the Sub-Inspector of Police and the case was registered against them to maintain communal problem in that area. He further submits that the petitioners are innocent persons and they have not committed any offence.

4.The learned Government Advocate (Crl.side) would submit that the fourth accused is involved in a case of offence under Section 302 of I.P.C and the other accused are not having any previous case. https://hcservices.ecourts.gov.in/hcservices/

5.Insofar as the petitioners No.1 to 3/A1 to A3 is concerned, considering the facts and circumstances of the case, this Court is inclined to grant bail to the petitioners No.1 to 3 with certain conditions. Accordingly, the petitioners No.1 to 3 are ordered to be released on bail on each of them 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, Srivaikundam and on further condition that the petitioners No.1 to 3 shall stay at Trichy and appear before the Trichy cantonment Police Station daily at 10.00 a.m until further orders.

6.As far as the fourth petitioner is concerned, this petition is dismissed as withdrawn and the learned counsel for the petitioners has also made an endorsement to that effect.

sd/- 15/04/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, SRIVAIKUNDAM.

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

3 THE OFFICER INCHARGE TRICHY CANTONMENT POLICE STATION, TRICHY.

4 THE INSPECTOR OF POLICE, SRIVAIKUNDAM POLICE STATION, THOOTHUKUDI DISTRICT. 5 THE SUPERINTENDENT CENTRAL PRISON,PALAYAMKOTTAI.

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

+1. CC to M/S.S.R.DURAIRAJ Advocate SR.No.18796 ORDER IN CRL OP(MD) No.6930 of 2015 Date :15/04/2015 PA/15.04.2015/2P/8C https://hcservices.ecourts.gov.in/hcservices/