Sekar v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Ninth day of July Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.13271 of 2016 1 SEKAR 2 NAGALINGAM 3 KARTHICK 4 MURUGAN ... PETITIONERS/ACCUSED 1,2,3&5 Vs THE STATE BY THE SUB INSPECTOR OF POLICE PALANI TALUK POLICE STATION, DINDIGUL DISTRICT.

(CRIME NO. 313 OF 2016) ... RESPONDENT/COMPLAINANT For Petitioner : M/S D.VENKATESH Advocate For Respondent : M/S.P.KANNITHEVAN Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners are arrayed as Accused Nos.1 to 3 and 5, who were arrested and remanded to judicial custody on 15.07.2016 for the alleged offences punishable under Sections 147, 294(b), 353 and 506 (i) IPC read with Section 3(1) of TNPPDL Act, in Crime No.313 of 2016, on the file of the respondent police and hence, seek bail. 2.The case of the prosecution is that on receiving information, the defacto complainant went to Manthaikulam situated in Balasamuthiram, Palani Main Road. He found that the petitioners and other accused persons encroached the bund of the pond and trying to put up hut on the bund of Manthaikulam. When the defacto complainant questioned them, they threatened him with dire consequences and prevented him from doing his official duty.

3.The learned counsel for the petitioners submitted that the private party colluded with the defacto complainant encroached the Government land and obtained patta. Hence, the fourth accused has given a complaint against the defacto complainant and the private party, who got patta. Based on the complaint, after enquiry, patta was cancelled. Due to previous enmity, he has given a false complaint against the petitioners.

4.The case of the petitioners is that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. The petitioners are in judicial custody from 15.07.2016.

5.The learned Government Advocate (Crl. side) submitted that the petitioners and others trespassed into Manthaikulam and put up hut and when the same was questioned by the defacto complainant, they prevented him to do his official duty and two persons are yet to be arrested. If the petitioners are released on bail, they will tamper the evidence and hamper the investigation. 6.Considering the facts and circumstances of the case and also considering the contention of the learned counsel for the petitioners that due to previous enmity, the defacto complainant has given false complaint and the petitioners are in judicial custody from 15.07.2016, 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 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, Palani.

(ii) the petitioners shall report before the respondent police daily at 10.30 a.m. 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]. 7.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 are complying with the conditions or not.

sd/- 29/07/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, PALANI.

2 THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL.

3 THE SUB INSPECTOR OF POLICE, PALANI TALUK POLICE STATION, DINDIGUL DISTRICT.

4 THE OFFICER INCHARGE, SUB JAIL, PALANI.

5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S D.VENKATESH Advocate SR.No. 40601 JA-NGM-MP/SAR.III/29.7.2016/3P:7C

ORDER

IN CRL OP(MD) No.13271 of 2016 Date :29/07/2016