Madras High CourtCRL OP(MD)/5604/2017allowed

Duraipandi v. The Inspector Of Police

2017-05-17Honourable Mr Justice M.V. Muralidaran3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Seventeenth day of May Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.V.MURALIDARAN CRL OP(MD) No.5604 and 5620 of 2017 1 DURAIPANDI 2 PERUMALSAMY ... PETITIONERS/ ACCUSED NO.5 & 6 IN CRL OP(MD)NO.5604/2017 1 THIRUMALAICHAMY 2 MUTHUKUMARASAMY 3 SUBBA RAJ 4 KOTTAISAMY ... PETITIONERS/ ACCUSED NO.1 TO 4 IN CRL OP(MD)NO.5620/2017 Vs THE STATE REP.BY THE INSPECTOR OF POLICE AYYAPURAM POLICE STATION, TIRUNELVELI DISTRICT CRIME NO. 30/2017 ... RESPONDENT / COMPLAINANT IN CRL OP(MD)NO.5604/2017 STATE REPRESENTED BY SUB-INSPECTOR OF POLICE AYYAPURAM POLICE STATION, CRIME NO. 30/2017 TIRUNELVELI DISTRICT ... RESPONDENT / COMPLAINANT IN CRL OP(MD)NO.5620/2017 For Petitioners : M/S.G.THALAIMUTHARASU Advocate IN CRL OP(MD)NO.5604/2017 For Petitioners : M/S.J.SENTHIL KUMAR Advocate IN CRL OP(MD)NO.5620/2017 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 21.04.2017 and 22.04.2017, for the offences punishable under Sections 147, 294(b), 353, 307, 506(ii) and 379 (Sand Theft) I.P.C., in Crime No.30 of 2017, on the file of the respondent Police, seeks bail.

2. Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Criminal Side) appearing for the State.

3. The case of the prosecution is that on 21.04.2017, at about 09.30 a.m., without any valid permission, the petitioners tried to transport sand and the first accused scolded the de facto complainant in filthy language and tried to kill him by dashing a Tractor against him.

4. The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have not committed any such offence as alleged by the prosecution.

5. The learned Government Advocate appearing for the State strongly objected to grant bail to the petitioners.

6. Taking into consideration the facts and circumstances of this case, considering the gravity of offence said to have been committed by the petitioners and also the period of incarceration, this Court is of the view that this is a fit case to grant bail to the petitioners. Accordingly, they are ordered to be released on bail, subject to the following conditions:

(i) each of the petitioners 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, Sankarankoil. (ii)the petitioners shall stay at Madurai and report before the learned Judicial Magistrate No.I, Madurai, daily at 10.30 a.m., until further orders.

(iii)the petitioners shall not tamper with 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 learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioners 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].

sd/- 17/05/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

KRK TO 1 THE JUDICIAL MAGISTRATE,SAKARANKOIL 2 THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI DISTRICT 3 THE JUDICIAL MAGISTRATE NO.I, MADURAI 4 THE CHIEF JUDICIAL MAGISTRATE,MADURAI.

5 THE INSPECTOR OF POLICE, AYYAPURAM POLICE STATION, TIRUNELVELI DISTRICT 6 THE SUB INSPECTOR OF POLICE, AYYAPURAM POLICE STATION, TIRUNELVELI DISTRICT 7 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

8 THE OFFICER INCHARGE SUB JAIL, SANKARANKOVIL 9 THE OFFICER INCHARGE BORSTAL SCHOOL, NANGUNERI.

+1. CC to M/S.G.THALAIMUTHARASU Advocate SR.No.22306 +1cc to M/S.J.SENTHIL KUMAR Advocate in SR.No. 22192 GJM/PN/SAR-3-18.5.17-2P-12C

ORDER

IN CRL OP(MD) No.5604 & 5620 of 2017 Date :17/05/2017