Ramasamy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Third day of May Two Thousand Eighteen PRESENT The Hon`ble Mrs.Justice R.THARANI CRL OP(MD) No.7599 of 2018 1 RAMASAMY 2 MALAICHAMY 3 ILLAYARAJA 4 BHARATHIRAJA 5 CHINNARAJ ... PETITIONERS/ ACCUSED NO.1 TO 5 Vs STATE REP.BY THE INSPECTOR OF POLICE, VADIPATTI POLICE STATION, MADURAI DISTRICT.

IN CRIME NO.134 OF 2018 ... RESPONDENT / COMPLAINANT For Petitioners: M/S.S.PRABHU, Advocate For Respondent : M/S.M.ASOKAN, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners / accused Nos.1 to 5, who were arrested and remanded to judicial custody on 19.04.2018 for the offences punishable under Sections 147, 148, 323, 324 and 307 IPC, in Crime No.134 of 2018, on the file of the respondent police seek bail. 2.The allegation against the petitioners is that on 18.04.2018, the petitioners and three others attacked the complainant and others with stick and caused them injuries and attempted to commit murder. 3.On the side of the petitioners, it is stated that the petitioners are arrayed as A-1 to A-5 and they are in judicial custody from 19.04.2018 and the injured persons were discharged from the hospital and hence, prayed that the petitioners to be released on bail.

4.On the side of the respondent, it is fairly admitted that the injured were discharged from the hospital.

5.Considering the facts and circumstances of the case and considering the fact that the weapons used are simple in nature and also considering that the injured were discharged from the hospital and that the petitioners are in judicial custody from 19.04.2018, this Court is inclined to grant bail to the petitioners. https://hcservices.ecourts.gov.in/hcservices/

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.10,000/- (Rupees Ten Thousand Only) each with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate Court, Vadipatti. (ii)the petitioners is directed to appear before the respondent police daily at 10.30 a.m. until further orders; (iii)the petitioners shall not tamper with the evidence or witness either during investigation or trial; (iv)the petitioners shall not abscond either during investigation or trial; and (v)on breach of any of the aforesaid conditions, the 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 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/- 03/05/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE, VADIPATTI.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3. THE SUPERINTENDENT,CENTRAL PRISON, MADURAI.

4. THE INSPECTOR OF POLICE, VADIPATTI POLICE STATION, MADURAI DISTRICT.

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

+1. CC to M/S.S.PRABHU Advocate SR.No.8152

ORDER

IN CRL OP(MD) No.7599 of 2018 Date :03/05/2018 MS/CM-VR/VK/03.05.2018/2P.7C https://hcservices.ecourts.gov.in/hcservices/