Anantha Saravanan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Second day of February Two Thousand Sixteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.1829 of 2016 1 ANANTHA SARAVANAN 2 CHITHRAVEL 3 ELI @ MANIKANDAN ..PETITIONERS/ACCUSED 1 to 3 Vs.
STATE REP.BY THE INSPECTOR OF POLICE TIRUCHENDUR TEMPLE POLICE STATION, TUTICORIN DISTRICT.
CRIME NO. 26/2016 ... RESPONDENT/COMPLAINANT For Petitioners : M/S.V.K.SARAVANAN Advocate For Respondent : MR.A.P.BALASUBRAMANI, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.
ORDER : The Court Made the following order :- The petitioners, who were arrested and remanded to judicial custody on 18.01.2016, for the offences punishable under Sections 147, 294(b) I.P.C., and Section 3 of T.N.P.P.D.L. Act, in Crime No.26 of 2016, on the file of the respondent police, seek bail.
2. Heard Mr.V.K.Saravanan, learned counsel appearing for the petitioners / Accused 1 to 3 and Mr.A.P.Balasubramanian, learned Government Advocate (Criminal Side) appearing for the State.
3. It is the case of prosecution that two groups belonging to different communities had clashed and in which the vehicle of the de facto complainant was damaged to the tune of Rs.17,000/-.
4. Taking into consideration the fact that the petitioners / Accused 1 to 3 are in judicial custody from 18.01.2016 and there is no previous case against them, this Court is of the view that this a fit case to grant bail to them. Accordingly, the petitioners / Accused 1 to 3 are ordered to be released on bail, subject to the following conditions:
(i) Each of the petitioners / Accused 1 to 3 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, Tiruchendur.
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(ii) the petitioners / Accused 1 to 3 shall stay at Thirunelveli Town and report before the Thirunelveli Junction Police Station daily morning at 10.30 a.m., and evening at 06.30 p.m., for a period of two weeks and thereafter as and when required for interrogation.
(iii) the petitioners / Accused 1 to 3 shall not tamper with evidence or witness either during investigation or trial.
(iv) the petitioners / Accused 1 to 3 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 petitioner 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].
5. 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/- 02/02/2016 / TRUE COPY / Sub-Assistant Registrar TO 1 THE JUDICIAL MAGISTRATE, TIRUCHENDUR.
2 -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN DISTRICT. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
4 THE INSPECTOR OF POLICE TIRUCHENDUR TEMPLE POLICE STATION, TUTICORIN DISTRICT. 5 THE OFFICER-IN-CHARGE, SUB-JAIL, TIRUCHENDUR.
6 THE INSPECTOR OF POLICE, TIRUNELVELI JUNCTION POLICE STATION, TIRUNELVELI. +1. CC to M/S V.K.SARAVANAN Advocate SR.No.6462 akm/03.02.2016/ 2p- 8c/NGM/SS/SAR-I
ORDER
IN CRL OP(MD) No.1829 of 2016 Date :02/02/2016 https://hcservices.ecourts.gov.in/hcservices/