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Madras High CourtCRL OP(MD)/4666/2017granted

R.Chandra Mohan, v. The Inspector Of Police,

2017-04-19Honourable Dr Justice G. Jayachandran2 pages

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.4666 of 2017 1 R.CHANDRA MOHAN 2 S.THANGAVELU 3 K.MURUGAN ... PETITIONERS/ ACCUSED RANK NOT KNOWN Vs STATE REP.BY THE INSPECTOR OF POLICE, ILAYANGUDI POLICE STATION, SIVAGANGAI DISTRICT.

(IN CRIME NO.95 OF 2017) ... RESPONDENT/ COMPLAINANT For Petitioners: M/S.S.MALAIKANI Advocate For Respondent : M/S K.V.RAJARAJAN, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners/accused, were arrested and remanded to judicial custody on 05.04.2017 for the offences punishable under Sections 147, 148, 294(b), 323, 324 and 307 of I.P.C., in Crime No.95 of 2017 on the file of the respondent police, seek bail.

2. The learned Government Advocate (Crl.side) submits that totally there are 10 accused in this case and these petitioners were arrested on 05.04.2017 and the other accused are absconding. He further submits that due to communal clash, the petitioners attacked the de-facto complainant with stick and wooden log and the injured has been discharged from the hospital.

3. The learned counsel for the petitioners submits that this is a case of case in counter and the de-facto complainant has sustained simple injury and he has been discharged from the hospital.

4. 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, Ilayangudi, https://hcservices.ecourts.gov.in/hcservices/

(ii) the first petitioner shall stay at Cuddalore and report before the Cuddalore (OT) Police Station daily at 10.00 a.m. until further orders, the second petitioner shall stay at Pudukottai and report before the Pudukottai Town Police Station daily at 10.00 a.m. until further orders and the third petitioner shall stay at Thanjavur 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, ILAYANGUDI.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI.

3. THE SUPERINDENT,CENTRAL PRISON, MADURAI.

4.THE INSPECTOR OF POLICE, ILAYANGUDI POLICE STATION, SIVAGANGAI DISTRICT. 5.THE INSPECTOR OF POLICE, CUDDALORE (OT) POLICE STATION,CUDDALORE.

6.THE INSPECTOR OF POLICE, PUDUKOTTAI TOWN POLICE STATION, PUDUKOTTAI.

7.THE INSPECTOR OF POLICE, THANJAVUR TOWN POLICE STATION, THANJAVUR.

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

+1. CC to M/S.S.MALAIKANI Advocate SR.No.20428

ORDER

IN CRL OP(MD) No.4666 of 2017 Date :19/04/2017 MS/PM.PN/SAR.3/19.04.2017/2P.10C https://hcservices.ecourts.gov.in/hcservices/