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Madras High CourtCRL OP(MD)/5005/2017granted

Vinoth, v. The Inspector Of Police,

2017-04-26Honourable Dr Justice G. Jayachandran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Sixth day of April Two Thousand Seventeen PRESENT The Hon`ble Dr.Justice G.JAYACHANDRAN CRL OP(MD) No.5005 of 2017 1 VINOTH 2 PUGALENTHI ... PETITIONERS/ ACCUSED Vs STATE REP.BY THE INSPECTOR OF POLICE, NADUCAUVERY POLICE STATION, THANJAVUR DISTRICT.

(CR.NO.91 OF 2017) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.S.RAJAPRABU 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, who were arrested on 12.04.2017 for the offences punishable under Sections 147, 148, 294(b), 324 and 506 (ii) of IPC r/w 3(1) of PPDL Act on the file of the respondent police in Crime No.91 of 2017, seek bail.

2.The learned counsel for the petitioners submitted that the petitioners have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case.

3. The learned Government Advocate (Crl.Side) submitted that during the orchestra conducted on the eve of Murugan Temple festival, there was group clash and the petitioners were involved in damaging the public property and had threatened them with dire consequences and it is a case of case and counter. 4.Considering facts and circumstances of the case and considering the nature of crime committed by the petitioners, 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 Judicial Magistrate, Thiruvaiyaru;

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(iii) the petitioners shall stay at Sivagangai and report before the learned Judicial Magistrate, Sivagangai, on all working days 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;

(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. sd/- 26/04/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE, THIRUVAIYARU.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR AT KUMBAKONAM.

3. THE JUDICIAL MAGISTRATE, SIVAGANAGAI.

4. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANAGAI.

5. THE SUPERINDENT,CENTRAL PRISON, TRICHY.

6. THE INSPECTOR OF POLICE, NADUCAUVERY POLICE STATION, THANJAVUR DISTRICT.

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

+1. CC to M/S.S.RAJAPRABU Advocate SR.No.21154

ORDER

IN CRL OP(MD) No.5005 of 2017 Date :26/04/2017 MS/PM.PN/SAR.2/26.04.2017/2P.9C https://hcservices.ecourts.gov.in/hcservices/