Nagaraj v. The State

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Third day of May Two Thousand Eighteen PRESENT The Hon`ble Mrs.Justice T.KRISHNAVALLI CRL OP(MD) No.8648 of 2018 1 NAGARAJ 2 BALAMURUGAN 3 SENTHILNATHAN ... PETITIONER/ACCUSED (RANK NOR KNOWN) Vs THE STATE BY THE INSPECTOR OF POLICE, SEMPATTI POLICE STATION, DINDIGUL DISTRICT.

(CRIME NO.152/2018) ... RESPONDENT/COMPLAINANT For Petitioners : M/S.P.BANU PRASATH, Advocate For Respondent : M/S.PRABU RAMACHANDRAN, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners, who are arrayed as accused were arrested by the respondent police on 02.05.2018 and remanded to judicial custody for the alleged offences punishable under sections 147, 148, 294(b), 324 and 307 IPC, in connection with a case in Crime No.152 of 2018 on the file of the respondent police and hence seek bail. 2.The case of the prosecution is that on 01.05.2018, when the de-facto complainant and some other persons discussed about their village water problem in the presence of village elders, the petitioners along with the other accused persons gathered with deadly weapons, used filthy language and also threatened them with dire consequences.

3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution and that a false case has been foisted against the petitioners. It is further submitted that the petitioners are in jail from 02.05.2018 and hence, the petitioners may be released on bail.

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4.The learned Government Advocate (Criminal side) appearing for the respondent submitted that in this case, the investigation is almost over and the injured is discharged from the hospital 5.Considering the facts and circumstances of the case and also considering the fact that the injured has been discharged from the hospital, this court is inclined to grant bail to the petitioners with certain conditions.

6.Accordingly, it is ordered that the petitioners shall be released on bail, on each of them executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a likesum to the satisfaction of the learned Judicial Magistrate No.II, Dindigul, and on further condition that the petitioners shall report before the respondent police daily at 10.30 a.m until further orders.

sd/- 23/05/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISRATE NO.II, DINDIGUL.

2 DO THROUGH THE CHEIF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT.

3 THE INSPECTOR OF POLICE, SEMPATTI POLICE STATION, DINDIGUL DISTRICT.

4 THE OFFICER-IN-CHARGE, SUB JAIL, DINDIGUL 5 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.P.BANU PRASATH, Advocate SR.No.9069

ORDER

IN CRL OP(MD) No.8648 of 2018 Date :23/05/2018 JM/PN/GSR/23.05.2018 : 2P/7C https://hcservices.ecourts.gov.in/hcservices/