I.Jayaraja v. The Inspector Of Police

(Crime No.149 of 2023).

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/04/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD). 6189 of 2023 1.Jayaraja 2.Muthuraj 3.Rahul @ Hariharasudhan 4.Hariprasath 5.Amalraj @ Amal 6.Niroshan ... Petitioners/A1 to A6 Vs State rep., by The Inspector of Police, Melur Police Station, Madurai District.

(Crime No.149 of 2023).

... Respondent/Complainant For Petitioner : Mr.G.Bhagavath Singh, Advocate For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.149 of 2023 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioners/A1 to A6, who were arrested and remanded to judicial custody on 13.03.2023 for the offences punishable under Sections 294(b), 427 and 506(2) of IPC and Section 3(1) of the Prevention of Damage to Public Property Act, 1984 in Crime No.149 of 2023 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that there was a quarrel between the people of Thiruvathavur Srilankan refugee camp and Slum clearance board, in which, the defacto complainant's properties were damaged. Hence, the complaint.

3.Heard and perused the materials available on record and also including the FIR.

4.Considering the facts and circumstance of the case and also the period of incarceration, this court is inclined to grant bail to the petitioners subject to the following conditions: https://www.mhc.tn.gov.in/judis 1/2

(Crime No.149 of 2023).

5.Accordingly, the petitioners are ordered to be released on bail on them executing a bond for a sum of Rs.10,000/- (Rupees Ten thousand only) each with two blood related sureties, each for a like sum to the satisfaction of learned Judicial Magistrate, Melur and on further conditions that :- [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity. [b]the petitioners shall report before the respondent police daily at 10.30 a.m for a period of two weeks and thereafter, as and when required for interrogation.

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

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

[e] On breach of any of the aforesaid conditions, the learned 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 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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 03/04/2023 / TRUE COPY / 03/04/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Rmk To 1 THE JUDICIAL MAGISTRATE, MELUR.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT. 3 THE INSPECTOR OF POLICE, MELUR POLICE STATION, MADURAI DISTRICT. 4 THE OFFICR INCHARGE, SUB JAIL, MELUR.

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

+1 CC to M/s.G.BHAGAVATH SINGH, Advocate ( SR-5332[I] dated 03/04/2023 )

ORDER

IN CRL OP(MD) No.6189 of 2023 Date :03/04/2023 RS/SSS/SAR-(03.04.2023) 2P 7C https://www.mhc.tn.gov.in/judis 2/2