Madras High CourtCRL OP(MD)/23094/2016granted

Gurusamy, v. The Inspector Of Police,

2016-12-08Honourable Mr Justice A.M. Basheer Ahamed2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Eighth day of December Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) Nos.23094 & 23098 of 2016 1 GURUSAMY, 2 ALAGAR, 3 KARTHIK KUMAR, ... PETITIONERS/ACCUSED No.A3,A5 & A6 IN CRL OP(MD) No.23094 of 2016 1 MADHAVAN 2 PONRAM ... PETITIONERS/ACCUSED No.A1 & A4 CRL OP(MD) No.23098 of 2016 Vs THE STATE REP BY THE INSPECTOR OF POLICE, VIRUDHUNAGAR WEST POLICE STATION, VIRUDHUNAGAR DISTRICT.

(CRIME NO.804 OF 2016) ... RESPONDENT / COMPLAINANT IN BOTH THE PETITIONS For Petitioner : M/S.R.GANDHI Advocate in both the petitions For Respondent : MR.P.KANDASAMY, Govt. Advocate ( Crl. Side) in both the petitions PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners in Crl.O.P(MD)No.23094 of 2016 are arrayed as A-3, A-5 and A-6 and the petitioners in Crl.O.P(MD)No.23098 of 2016 are arrayed as A-1 and A-5 and they were arrested and remanded to judicial custody on 10.11.2016 for the offence punishable under Section 399 of I.P.C in Crime No.804 of 2016 on the file of the respondent police and hence, they seek bail.

2.Heard the learned counsel for the petitioners and the learned Government Advocate(Crl. Side) for the respondent. 3.The case of the prosecution is that the petitioners along with other accused committed an offence of preparation to commit decoity.

4. The learned counsel for the petitioners argues that the case is foisted against the petitioners only for statistical purposes. https://hcservices.ecourts.gov.in/hcservices/

5. The learned Government Advocate(Crl. Side) on instructions would submit that A-2 in this case was released on bail by this Court in Crl.O.P(MD)No.23038 of 2016, dated 07.12.2016. He further submitted that the petitioners are having previous cases and he has also submitted a list also.

6. Perusal of the list of cases shows that there is no serious charges against the petitioners herein. Further, considering the above facts and circumstances of the case, this Court is inclined to grant bail to the petitioners. Accordingly, the petitioners are ordered to 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 like sum to the satisfaction of the learned Judicial Magistrate No.I, Virudhunagar and on further condition that: [a] the petitioners shall report before the learned Jurisdictional Magistrate concerned daily at 10.30 a.m., until further orders.

[b] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[c] the petitioners shall not abscond either during investigation or trial.

[d] 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/- 08/12/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I, VIRUDHUNAGAR 2 THE CHIEF JUDICIAL MAGISTRATE VIRUDHUNAGAR AT SRIVILLIPUDUR 3 THE INSPECTOR OF POLICE, VIRUDHUNAGAR WEST POLICE STATION, VIRUDHUNAGAR DISTRICT.

4 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+2. CC to M/S.R.GANDHI Advocate SR.No.79927,29928 ORDER IN CRL OP(MD) Nos.23094 & 23098 of 2016 Date :08/12/2016 SMA/GSV-PM/SAR-III/14.12.2016:2P/8C https://hcservices.ecourts.gov.in/hcservices/