Masanam, S/O.Sadaiyandi, v. The Deputy Superintendent Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Eighteenth day of May Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.V.MURALIDARAN CRL OP(MD) No.6153 of 2017 MASANAM, ... PETITIONER/ACCUSED NO.2 Vs STATE REP.BY :

1 THE DEPUTY SUPERINTENDENT OF POLICE, PERAIYUR, MADURAI DISTRICT.

2 THE SUB INSPECTOR OF POLICE, SATPTUR POLICE STATION, MADURAI DISTRICT, CR.NO.120 OF 2017 ... RESPONDENTS / COMPLAINANTS For Petitioner : M/S T.VADIVELAN Advocate For Respondents : MR.K.ANBARASAN Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner/A-2, who was arrested and remanded to judicial custody on 02.05.2017 for the offences punishable under Sections 147, 341, 294(b), 324 of I.P.C r/w 3(i) (r), 3(i)(s) of SC/ST Amendment Act in Crime No.120 of 2017 on the file of the respondent police, seeks bail.

2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. side) appearing for the respondent / Police.

3.The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has nothing to do with the alleged offence and therefore, prays for granting of bail to the petitioner.

4.The learned Government Advocate(Crl. Side) on instructions submitted that due to wordy quarrel in a temple festival, the petitioner along with other accused said to have attacked the defacto complainant causing injuries. He further submitted that the injured was discharged from the hospital.

5 Considering the facts and circumstances of the case and also considering the fact that the injured was discharged from the hospital, this Court is inclined to grant bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail subject to the following conditions:

(i)the petitioner 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 III Additional District and Sessions Judge(Special Court for Scheduled Castes and Scheduled Tribes(Prevention of Atrocities) Act, 1989, Madurai;

(ii)the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders; (iii)the petitioner shall not tamper with the evidence or witness either during investigation or trial; (iv) the petitioner 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 petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the 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/- 18/05/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

PM TO 1 THE III ADDITIONAL DISTRICT SESSIONS JUDGE, (SPECIAL COURT FOR SCHEDULE CASTES AND SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT, 1989, MADURAI 2 THE DEPUTY SUPERINTENDENT OF POLICE, PERAIYUR, MADURAI DISTRICT 3 THE SUB INSPECTOR OF POLICE, SATPTUR POLICE STATION, MADURAI DISTRICT.

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

5 THE OFFICER IN CHARGE PASTOR SCHOOL AT MELUR, MADURAI DISTRICT +1. CC to M/S T.VADIVELAN Advocate SR.No.22417 GJM/PN/SAR-3-19.5.17-3P-7C

ORDER

IN CRL OP(MD) No.6153 of 2017 Date :18/05/2017