Veerapandian v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Thirtieth day of November Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.16469 of 2017 1 VEERAPANDIAN 2 KARTHIKEYAN 3 SENTHIL KUMAR ... PETITIONERS/ ACCUSED NO.1,3 & 4 Vs STATE REP.BY THE INSPECTOR OF POLICE, THENKARAI POLICE STATION, PERIYAKULAM TALUK,THENI DISTRICT.
CRIME NO. 584/2017 ... RESPONDENT / COMPLAINANT For Petitioners: M/S.C.BETHANASAMY, Advocate For Respondent : M/S.K.ANBARASAN, Government Advocate(Crl.Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.
ORDER : The Court Made the following order :- The petitioners/Accused Nos.1, 3 and 4, who were arrested and remanded to judicial custody on 18.11.2017 by the respondent police for the offences punishable under Sections 294(b), 147, 148, 323, 342, 506(ii) and 307 of I.P.C., in Crime No.584 of 2017, on the file of the respondent police, seek bail.
2.The case of the prosecution is that on 17.11.2017, the defacto complainant and his friends proceeding towards his house and at that time, the accused waylaid and quarrelled with the defacto complainant and his friends and also attacked them with knife. Thereby, the defacto complainant sustained injuries and admitted in the hospital. Hence, the defacto complainant lodged a complaint before the respondent police.
3.The learned counsel for the petitioners submitted that the petitioners are innocent and they have not committed any offences as alleged by the prosecution. He further submitted that there was previous enmity between the petitioners and the defacto complainant and thereon, a wordy quarrel arose between them. Hence, they pray for the bail.
4.The learned Government Advocate (Criminal side) appearing for the State submitted that there is no previous case levelled against
the petitioners. He would further submit that though injured was discharged from the hospital in order to prevent further illegal activities, the petitioners may be kept away from the scene of occurrence.
5.Considering the facts and circumstances of the case and also considering the submission made by the learned Government Advocate (Criminal Side), I am inclined to grant bail to the petitioners. Accordingly, the petitioners are ordered to be released on bail, subject to the following conditions;
(i) the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like-sum to the satisfaction of the learned Judicial Magistrate, Periyakulam, Theni District;
(ii) the petitioners shall report before the Nagamalai Pudukkottai Police Station, daily at 05.30 p.m., until further orders;
(iii) the petitioners shall not tamper with evidence or witness either during investigation or trial.
(iv) the petitioners shall make themselves available for interrogation including custodial interrogation as and when required by the investigation officer;
(v) the petitioners shall not abscond either during investigation or trial;
(vi)the petitioners shall not commit any offence while on bail;
(vii) 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/- 30/11/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
1. THE JUDICIAL MAGISTRATE, PERIYAKULAM, THENI DISTRICT.
2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, THENI.
3. THE SUPERINTENDENT,CENTRAL PRISON, MADURAI.
4. THE INSPECTOR OF POLICE, THENKARAI POLICE STATION, PERIYAKULAM TALUK, THENI DISTRICT.
5. THE INSPECTOR OF POLICE, NAGAMALAI PUDUKKOTTAI POLICE STATION
6. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.C.BETHANASAMY Advocate SR.No.35437
ORDER
IN CRL OP(MD) No.16469 of 2017 Date :30/11/2017 MS/PM-PN/SAR.1/30.11.2017/3P.8C