Madras High CourtCRL OP(MD)/9262/2015ordered

Marimuthu@Bheer v. The Inspector Of Police

2015-05-20Honourable Mr Justice V. S. Ravi2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twentieth day of May Two Thousand Fifteen PRESENT The Hon`ble Mr Justice V.S.RAVI CRL OP(MD) No.9262 of 2015 1 MARIMUTHU @ BHEER 2 BALAGURUSAMY 3 MARIAPPAN ..PETITIONERS/ACCUSED 1 & 2 & 3rd PETITIONER RANK NOT KNOWN Vs.

STATE REP.BY THE INSPECTOR OF POLICE THIRUTHANGAL POLICE STATION, VIRUDHUNAGAR DIST.

CRIME NO. 246/2015.

..RESPONDENT/COMPLAINANT For Petitioner : M/S.S.J.CHAKKARAVATHY for M/s.EDDY AND EMBOSS LAW FIRM Advocate For Respondent : Mr.A.P.BALASUBRAMANI, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- This is an application filed by the petitioners / accused. The petitioners have been arrested and remanded to judicial custody on 04.05.2015 for the alleged offences punishable under Sections 294(b), 147, 148, 324, 307 IPC in Crime No.246 of 2015 on the file of the respondent police and hence, this petition made are seeking bail. 2.Heard the learned counsel for the petitioners and the learned Government Advocate (Crl. side) appearing for the State. 3.The case of the prosecution is that due to some dispute regarding the marriage proposal with the other community person on 03.05.2015 the first petitioner along with other accused have attacked the de facto complainant and others and also abused with filthy language. 4.The learned counsel appearing for the petitioners has submitted that the de facto complainant has given a false complaint against the petitioners and the petitioners are in judicial custody for more than 15 days.

5.The learned Government Advocate(Crl.side), on instructions from the respondent police, reported that injured has been discharged on 19.05.2015 and there is no previous case pending against the petitioners. 6.On consideration of the above mentioned facts and circumstances and situation of the present case, it is found that the present case is a fit case for grant of bail with conditions. Accordingly, the petitioners are ordered to be released on bail on the following conditions: (i) The petitioners shall execute separate personal bond for a sum of Rs.10,000/- (Rupees ten thousand Only) with two sureties for a like sum to the satisfaction of the learned Judicial Magistrate, Sivakasi. https://hcservices.ecourts.gov.in/hcservices/

(ii) The petitioners shall appear before the respondent police daily at 10.00 a.m., until further orders.

(iii) The petitioners shall surrender their passport, if any, before the trial Court.

(iv)The petitioners shall not try to intimidate, threat, influence or allure the prosecution witnesses in any manner. (v) In case of any breach or violation of any of the above said conditions, the State would be at liberty to move the Court for cancellation of bail granted to the petitioners. (vi) The petitioners shall make themselves available for interrogation by the police officer as and when required. (vii)The petitioners should furnish their residential address to the investigation officer forthwith by producing the true copy of the ration card/Voter ID/Adhar Card.

sd/- 20/05/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, SIVAKASI, VIRUDHUNAGAR DISTRICT. 2 -do-thro'THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR AT SRIVILLIPUTHUR.

3 THE ADDL.PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT,MADURAI. 4 THE INSPECTOR OF POLICE, THIRUTHANGAL POLICE STATION, VIRUDHUNAGAR DIST.

5 THE OFFICER INCHARGE, DISTRICT PRISION, VIRUDHUNAGAR. +1. CC to M/S.EDDY AND EMBOSS LAW FIRM Advocate SR.No.25836 ORDER IN CRL OP(MD) No.9262 of 2015 Date :20/05/2015 PBK/KBM 22/05/2015 ::2P-7C:

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