Madras High CourtCRL OP(MD)/2531/2016ordered

Sankar v. The Inspector Of Police

2016-02-11Honourable Mr Justice P. N. Prakash3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Eleventh day of February Two Thousand Sixteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.2531 to 2539 of 2016 1 SANKAR ... PETITIONERS/ACCUSED No. 1 IN CRL OP(MD) No.2531 to 2539 of 2016 2 CHANDRASEKARAN ... PETITIONERS/ACCUSED No. 2 IN CRL OP(MD)NO.2531 to 2533 and 2535 to 2539 of 2016 - Vs. - THE INSPECTOR OF POLICE PARAMAKUDI TOWN POLICE STATION, RAMNAD.

CR.NO.367/2014 in CRL OP(MD). 2531/ 2016 CR.NO. 86/2015 in CRL OP(MD). 2532/ 2016 CR.NO. 104/15 in CRL OP(MD). 2533/ 2016 CR.NO. 209/15 in CRL OP(MD). 2537/ 2016 CR.NO. 355/15 in CRL OP(MD). 2538/ 2016 CR.NO. 462/15 in CRL OP(MD). 2539/ 2016 ... RESPONDENT/DEFACTO COMPLAINANT IN CRL OP(MD)NOS.2531 TO 2533 AND 2537 TO 2539/2016 THE INSPECTOR OF POLICE EMANESWARAM POLICE STATION, RAMNAD DISTRICT.

CRIME NO. 109 OF 2014 in CRL OP(MD). 2534/ 2016 CRIME NO. 134 OF 2015 in CRL OP(MD). 2535/ 2016 CRIME NO. 137 OF 2015 in CRL OP(MD). 2536/ 2016 ... RESPONDENT/DEFACTO COMPLAINANT IN CRL OP(MD)NOS.2534 TO 2536 OF 2016.

For Petitioners : M/S V.S.KUMARAGURU Advocate in all the petitions For Respondents : MR.A.P.BALASUBRAMANI,Govt. Advocate in all the petitions PETITIONS FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners, who were arrested and remanded to judicial custody on 16.12.2015, for the offences punishable under Sections 457 and 380 I.P.C., in Crime Nos.367 of 2014, 86, 104, 209, 355 and 462 of 2015, on the file of the respondent Police / Inspector of Police, Paramakudi Town Police Station, Ramnad District and under Sections 457 and 380 I.P.C., in Crime Nos.134 and 137 of 2015, on the file of the respondent Police / Inspector of Police, Emaneswaram Police Station, Ramnad District and under Sections 454, 457 and 380 I.P.C., in Crime No.109 of 2014 in

respect of the petitioner in Crl.O.P.(MD) No. 2534 of 2016, on the file of the respondent Police / Inspector of Police, Emaneswaram Police Station, Ramnad District, seek bail.

2. Heard Mr.V.S.Kumaraguru, learned counsel appearing for the petitioners and Mr.A.P.Balasubramani, learned Government Advocate (Criminal Side) appearing for the State in all the cases.

3. Taking into consideration the nature of allegations made against these petitioners and the fact that there is no pervious case apart from these cases, this Court is of the view that these are all fit cases to grant bail to the petitioners. Accordingly, they are ordered to be released on bail, subject to the following conditions: (i) each of the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two common sureties of their respective parents and in the absence of anyone of their parents, their wives should stand as sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Paramakudi.

(ii) the petitioners shall report before the learned Judicial Magistrate, Paramakudi, daily at 10.30 a.m., for a period of two weeks and thereafter as and when required for interrogation.

(iii) the petitioners shall not tamper with 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 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].

4. The Inspector of Police concerned is directed to send a compliance report to the office of the learned Government Advocate, as to whether the petitioners are complying with the condition or not. sd/- 11/02/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE PARAMAKUDI 2 DO THRO THE CHEIF JUDICIAL MAGISTRATE RAMANATHAPURAM DISTRICT 3 THE INSPECTOR OF POLICE, PARAMAKUDI TOWN POLICE STATION, RAMNAD.

4 THE INSPECTOR OF POLICE EMANESWARAM POLICE STATION, RAMNAD DISTRICT.

5 THE OFFICER INCHARGE, SUB JAIL, RAMANATHAPURAM.

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

+9. CC to M/S V.S.KUMARAGURU Advocate SR.No.8367 TO 8375

ORDER

IN CRL OP(MD) No.2531 to 2539 of 2016 Date :11/02/2016 AM/11.02.2016/NGM.SS/SAR-I/3P/16C