Periyasamy v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Nineteenth day of April Two Thousand Seventeen PRESENT The Hon`ble Dr.Justice G.JAYACHANDRAN CRL OP(MD) No.4411 of 2017 1 PERIYASAMY 2 KALAIVANNAN 3 RAMKUMAR 4 KUMARAGURU 5 KARTHIGAI SELVAN ... PETITIONERS/ACCUSED Vs THE STATE REP.BY THE INSPECTOR OF POLICE TALUK POLICE STATION, ARUPPUKOTTAI, VIRUDHUNAGAR DISTRICT CRIME NO.84/2017 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.M.THANGAPANDIAN Advocate For Respondent : MR.K.V.RAJARAJAN Government Advocate(Crl.Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.
ORDER : The Court Made the following order :- The petitioners/accused Nos.2,14,15,17 and 28, were arrested and remanded to judicial custody on 01.04.2017 for the offences punishable under Sections 147, 148, 294(b) and 307 of I.P.C., and Section 3 of Tamil Nadu Public Property (Prevention of Damage and Loss) Act in Crime No.84 of 2017 on the file of the respondent police, seek bail.
2. The case of the prosecution is that due to temple worship right, there is a communal clash between the petitioners and other side people and the petitioners attacked the de-facto complainant with aruval.
3. The learned Government Advocate (Crl.side) submits that no one sustained injury in the alleged occurrence and the petitioner is having seven previous cases.
4. The learned counsel for the petitioners submits that already there is a communal dispute between two community peoples in Chinna Kattangudi Village, Aruppukottai Taluk and so many peace meetings between both the parties conducted by RDO, Tahsildar, even though nothing yields fruitful result.
5. Considering the above facts, this Court is 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.10,000/- (Rupees Ten Thousand Only) each with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Aruppukottai, Virudhunagar District.
(ii) the petitioners 1 to 3 shall stay at Trichy and report before the Town Police Station daily at 10.00 a.m. until further orders, the petitioners 4 and 5 shall stay at Villupuram and report before the Town Police Station daily at 10.00 a.m. until further orders.
(iii) The petitioners shall not abscond either during investigation or trial.
(iv) 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. sd/- 19/04/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, ARUPPUKOTTAI, VIRUDHUNAGAR DISTRICT.
2 -DO- THRO THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR AT SRIVILLIPUTHUR 3 THE INSPECTOR OF POLICE TALUK POLICE STATION, ARUPPUKOTTAI, VIRUDHUNAGAR DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
5 THE INSPECTOR OF POLICE TOWN POLICE STATION VILLUPURAM 6 THE INSPECTOR OF POLICE TOWN POLICE STATION, TRICHY 7 THE OFFICER INCHARGE, BOSTON SCHOOL, MELUR, MADUAI.
8 THE OFFICER INCHARGE, DISTRICT PRISON, VIRUDHUNAGAR +1. CC to M/S.M.THANGAPANDIAN Advocate SR.No.20484
ORDER
IN CRL OP(MD) No.4411 of 2017 Date :19/04/2017 AAM-PM PN/SAR 3/19.04.2017 3P 10c