A. Velmurugan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Eleventh day of July Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) Nos.11163 to 11165 of 2016 A. VELMURUGAN ... PETITIONER/ACCUSED NO.22 IN CRL OP(MD)No.11163 of 2016 T.MUNIYASAMY ... PETITIONER/ACCUSED NO.24 IN CRL OP(MD)No.11164 of 2016 M.THIRUSELVAM ... PETITIONER/ACCUSED NO.2 IN CRL OP(MD)No.11165 of 2016 Vs STATE REPRESENTED BY THE INSPECTOR OF POLICE THERIRUVELI POLICE STATION, MUDUKULATHUR TALUK, RAMANATHAPURAM DISTRICT.

CRIME NO. 38 OF 2016 ... RESPONDENT/COMPLAINANT (IN ALL CASES) IN ALL THE PETITIONS For Petitioner : M/S T.THIRUMURUGAN Advocate in all cases For Respondent : MR.P.KANNITHEVAN, Govt. Advocate ( Crl. Side) (in all cases) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners who are arrayed as accused were arrested and remanded to judicial custody on 12.06.2016 for the alleged offences punishable under Sections 147,148,294(b),323,324,307, 506(ii) of IPC and 3(i) of TNPPDL Act in Crime No.38 of 2016, on the file of the respondent police and hence, seeks bail.

2.The case of the prosecution is that due to previous enmity the petitioners along with accused attacked the defacto complainant and his supporters by using aruval and iron rod and caused grievous injuries and also threatened him with dire consequences and also damaged the house and articles of the defacto complainant worth Rs.1,50,000/-. On complaint, a case has been registered for the above said offences.

3.The case of the petitioners is that the petitioners are

innocent and they have not committed any offence as alleged by the prosecution. Further, they are ready to deposit a sum of Rs.5,000/- each and prays for prays for enlarging the petitioners on bail. 4.The learned Government Advocate(Crl.side) submitted that the injured person had already been discharged from the hospital and the investigation of the case is pending.

5.Considering the facts and circumstances of the case and also considering the fact that the injured has already been discharged from the hospital and that the petitioners are ready to deposit a sum of Rs.5,000/- each, 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 following conditions:

(i) each of the petitioners shall deposit a sum of Rs.5,000/- (Rupees Five Thousand only) to the credit of Crime No.38 of 2016.

(ii) each of the petitioner 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, Mudukulathur, Ramanathapuram District.

(ii) the petitioners shall appear before the respondent Police daily at 10.00 am 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, as to whether the petitioners is complying with the condition or not.

sd/- 11/07/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,MUDUKULATHUR, RAMANATHAPURAM DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM. 3 THE INSPECTOR OF POLICE, THERIRUVELI POLICE STATION, MUDUKULATHUR TALUK,RAMANATHAPURAM DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECTUOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

5 THE OFFICER IN CHARGE, SUB-JAIL, MUDUKULATHUR. +3. CC to M/S J.PANDI DORAI, Advocate SR.Nos.35607,35608,35609 TRP CSL/NGM-MP/SAR-I/11.07.2016 : 3P/9C

ORDER

IN CRL OP(MD) Nos.11163 to 11165 of 2016 Date :11/07/2016