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Madras High CourtCRL OP(MD)/6931/2015ordered

Sivaraman, M/35 v. The 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) Nos.6931 to 6934 of 2015 1 SIVARAMAN 2 CHELLADURAI 3 KETHRIPAUL @ RAJU ... PETITIONERS / ACCUSED Nos.16, 21 & 22 IN CRL OP(MD)NoS.6931 & 6933 of 2015, ACCUSED Nos.11,16 & 22 IN CRL OP(MD)No.6932 of 2015 AND ACCUSED Nos.13,16 & 22 IN CRL OP(MD)No.6934 of 2015 Vs THE STATE REP.BY THE INSPECTOR OF POLICE, SRIVAIKUNDAM POLICE STATION, THOOTHUKUDI DISTRICT.

(CRIME NO.79 OF 2015 IN CRL OP(MD)No.6931 of 2015) (CRIME NO.77 OF 2015 IN CRL OP(MD)No.6932 of 2015) (CRIME NO.76 OF 2015 IN CRL OP(MD)No.6933 of 2015) (CRIME NO.78 OF 2015 IN CRL OP(MD)No.6934 of 2015) ... RESPONDENT / COMPLAINANT IN ALL THE PETITIONS For Petitioner : M/S.S.R.DURAIRAJ, Advocate in all the petitions For Respondent : M/S.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 petitioners, who are arrayed as accused in Crime Nos.76, 77, 78 and 79 of 2015 on the file of the respondent police, the first and third petitioners were arrested on 29.03.2015 and the second petitioner was arrested on 20.03.2015 for the alleged offences punishable under Sections 147, 148, 294(b) and 506(ii) of I.P.C., and Sections 3 and 4 of TNPPDL Act and the petitioners and hence, seek bail.

2.The case of the prosecution is that one Pitchaiya Thevar was murdered and thereafter, the accused in this case have caused damage to the property of the accused involved in the case of murder.

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3.The learned counsel for the petitioners submitted that subsequent to the death of Pitchaiya Thevar, his relatives had gathered from the various villages and they have caused damage to the property of the accused. Since the de-facto complainant was not aware of the name of the real accused, the petitioners have been falsely implicated in this Case.

4.The learned Government Advocate (Crl.side) would submit that the accused have caused damage the property worth about Rs.11 lakhs and still communal tension is prevailing in that area. 5.Considering the facts and circumstances of the case, this Court is inclined to grant bail to the petitioners with certain conditions. Accordingly, the petitioners 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 in Crl.O.P.(MD). No.6933 of 2015 are directed to deposit a sum of Rs.10,000/- each to the credit of Crime No.76 of 2015 on the file of the learned Judicial Magistrate, Srivaikundam and each of the petitioners in Crl.O.P.(MD).

Nos.6931, 6932 and 6934 of 2015, are directed to deposit a sum of Rs.5,000/- in each case to the credit of Crime Nos.77, 78 and 79 of 2015 on the file of the learned Judicial Magistrate, Srivaikundam and on further condition that the petitioners shall stay at Tenkasi and appear before the Tenkasi Town Police Station daily at 10.00 a.m until further orders. sd/- 15/04/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, SRIVAIKUNDAM.

2 -DO-THRO' THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN. 3 THE INSPECTOR OF POLICE, SRIVAIKUNDAM POLICE STATION, THOOTHUKUDI DISTRICT.

4 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI. 5 THE OFFICER IN-CHARGE, TENKASI TOWN POLICE STATION, TENKASI. 6 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+4. CCs to M/S.S.R.DURAIRAJ, Advocate SR.No.18797 to 18800. ORDER IN CRL OP(MD) Nos.6931 to 6934 of 2015 Date :15/04/2015 msm 16.04.2015 p2/11c https://hcservices.ecourts.gov.in/hcservices/