Samidurai v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fourteenth day of November Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.15489 of 2017 1 SAMIDURAI 2 MANI @ MANIKANDAN ... PETITIONERS / ACCUSED No,7 & 8 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE NAINARKOVIL POLICE STATION, RAMANATHAPURAM DISTRICT, CRIME NO. 253 OF 2017 ... RESPONDENT / COMPLAINANT For Petitioners : M/S.M.S.JEYAKARTHIK Advocate For Respondent : MR.K.ANBARASAN Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners/Accused No.7 & 8, who were arrested and remanded to judicial custody on 05.11.2017, for the offences punishable under Sections 147, 148, 294(b), 323, 324, 506(ii) & 307 IPC, in Crime No.253 of 2017, on the file of the respondent police, seek bail.

2.The case of the prosecution is that there was a dispute between the petitioners and the defacto complainant with regard to local body election. On 04.11.2017, the petitioners/A7 & A8 along with other accused persons attacked the defacto complainant and his family members. Thereby, the defacto complainant lodged a complaint against the petitioners and other accused persons before the respondent police and the petitioners were arrested on 05.11.2017 and were remanded to the judicial custody.

3.The learned counsel appearing for the petitioners would submit that the petitioners and the defacto complainant are close relatives. Due to previous enmity regarding local body election, there was wordy quarrel between the petitioners and the defacto complainant. However, the defacto complainant gave a false complaint against the petitioners and other accused persons. 4.The learned Government Advocate (Criminal side) appearing for the State submitted that injured persons discharged from the hospital.

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5.Considering the facts and circumstances of the case, I am inclined to grant bail to the petitioners. The petitioners are ordered to be released on bail, subject to the following certain conditions. The petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each, with two sureties each for a like-sum to the satisfaction of the learned Judicial Magistrate Court, Paramakudi;

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

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

(iii) the petitioners shall make himself available for interrogation including custodial interrogation as and when required by the investigation officer;

(iv) the petitioners shall not commit any offence while on bail;

(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 and the bail granted stands cancelled automatically.

sd/- 14/11/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, PARAMAKUDI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

3 OFFICER IN CHARGE, DISTRICT JAIL, RAMANATHAPURAM. 4 THE INSPECTOR OF POLICE, NAINARKOVIL POLICE STATION, RAMANATHAPURAM DISTRICT. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.M.S.JEYAKARTHIK Advocate SR.No.34402

ORDER

IN CRL OP(MD) No.15489 of 2017 Date :14/11/2017 MKV-PM-PN-SAR 4/14.11.2017/2P-7C https://hcservices.ecourts.gov.in/hcservices/