U.Muniyasamy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Fourth day of July Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.9487 of 2017 1 U.MUNIYASAMY 2 S.PANDIMUTHU 3 R.KARUPPUSAMY ... PETITIONERS / ACCUSED Vs THE STATE REP.BY, THE INSPECTOR OF POLICE SIKKAL POLICE STATION, RAMANATHAPURAM DISTRICT.

(IN CRIME NO.67 OF 2017) ... RESPONDENT / COMPLAINANT For Petitioners : M/S.S.MALAIKANI Advocate For Respondent : MR.A.RAMAR Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners / A1, A4 and A5, who were arrested on 06.07.2017 for the offences punishable under Sections 147, 294(b), 324 and 307 IPC in Crime No.67 of 2017 on the file of the respondent police, seek bail.

2.The case of the prosecution is that due to previous enmity the petitioners along with other accused attacked the injured and caused injury.

3.The learned counsel for the petitioners would submit that the petitioners are innocent persons and they have been falsely implicated in this case.

4.The learned Additional Public Prosecutor submitted that totally there are 5 accused and the petitioners are arrayed as A1, A4 and A5 in this case and other accused are still absconding. He also submitted that A1 attacked with bricks on the right eye of the injured, A4 and A5 are said to have attacked with bricks on the cheek, chest and kicked the injured person. He further submitted that injured was discharged from the hospital and investigation is still pending.

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5.Considering the facts and circumstances of the case and considering the fact that injured was discharged from the hospital, 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, Muthukulathur;

(ii)the petitioners are directed to appear before the respondent police daily 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 himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005) AIR SCW 5560].

sd/- 24/07/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, MUTHUKULATHUR.

2 THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT. 3 OFFICER IN CHARGE, SUB JAIL, MUTHUKULATHUR. 4 THE INSPECTOR OF POLICE, SIKKAL POLICE STATION, RAMANATHAPURAM DISTRICT. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.S.MALAIKANI Advocate SR.No.27080

ORDER

IN CRL OP(MD) No.9487 of 2017 Date :24/07/2017 MKV-PM-PN-SAR 4/24.7.2017/2P-7C https://hcservices.ecourts.gov.in/hcservices/