Madras High CourtCRL OP(MD)/6332/2018granted

Mariadoss v. The Inspector Of Police

2018-04-19Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Nineteenth day of April Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) Nos.6332 to 6335 of 2018 1 MARIADOSS 2 POOLPANDI ... PETITIONERS / ACCUSED 1 & 2 IN CRL OP(MD) Nos.6332 & 6334/18 THIRUVENKATAM @ CHELLADURAI ... PETITIONER/ACCUSED RANK NOT KNOWN IN CRL OP(MD) Nos.6333 & 6335/18 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE SRIVAIKUNDAM POLICE STATION, THOOTHUKUDI DISTRICT. ... RESPONDENT / COMPLAINANT IN ALL THE PETITIONS CR.NO.85/2018 IN CRL OP(MD) Nos.6332 & 6333/18 CR.NO.88/2018 IN CRL OP(MD) Nos.6334 & 6335/18 For Petitioner : M/S.K.ANBARASAN Advocate IN ALL THE PETITIONS For Respondent : MR.A.P.G.OHM CHAIRMA PRABHU Govt. Advocate ( Crl. Side) IN ALL THE PETITIONS PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners are arrayed as accused. The petitioners were arrested and remanded to the judicial custody on 06.04.2018. Two cases were registered against them in Crime No.85 of 2018 and Crime No.88 of 2018 offences set out in Crime No.85 of 2018 are 341, 294 (b), 307, 506 (ii) of IPC and Section 3 of TNPPDL Act and offences set out in Crime No.88 of 2018 are 448, 147, 148, 323, 324, 307, 506 (ii) of I.P.C and Section 3 of TNPPDL Act on the file of the respondent Police. They seek bail.

2.In the occurrence, a Santro Car belonging to the defacto complainant was damaged. No injuries were inflicted and the value of the damage is said to be Rs.2,00,000/-.

3.This Court grants bail to the petitioners on condition that a sum of Rs.25,000/- is deposited by each of the accused to the credit of Crime No.88 of 2018, before the Jurisdictional Magistrate Court. It is open to the defacto complainant to withdraw the said amount https://hcservices.ecourts.gov.in/hcservices/

subject to this condition, bail is granted. Accordingly, the petitioners are ordered to be released on bail, subject to the following conditions:

(i) Each of the petitioners 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, Srivaikundam. (ii) The petitioners shall appear before the respondent police as and when required for interrogation.

(iii) The petitioners shall not abscond.

(iv) 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].

sd/- 19/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, SRIVAIKUNDAM.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT.

3 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI.

4 THE INSPECTOR OF POLICE SRIVAIKUNDAM POLICE STATION, THOOTHUKUDI DISTRICT. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+4. CC to M/S.K.ANBARASAN Advocate SR.Nos.6601 to 6604 ORDER IN CRL OP(MD) Nos.6332 to 6335 of 2018 Date :19/04/2018 https://hcservices.ecourts.gov.in/hcservices/ MKV-CM-VR-RNB/19.4.2018/2P-10C