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Madras High CourtCRL OP(MD)/5437/2016ordered

Jeyakumar v. The Inspector Of Police

2016-03-30Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Thirtieth day of March Two Thousand Sixteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.5437 of 2016 1 JEYAKUMAR 2 RAMALINGAM 3 KUMAR 4 ARUNKUMAR 5 MANIKANDAN 6 SATHISHKUMAR 7 VELLAICHAMY 8 KANAGARAJ 9 PALANIVEL 10 THANGARAJ 11 MURUGESAN 12 GANESAN ... PETITIONERS/ ACCUSED No.1 to 12 Vs THE STATE REP.BY THE INSPECTOR OF POLICE VEDASANTHUR POLICE STATION, VEDASANTHUR, DINDIGUL DISTRICT.

(CRIME NO. 105 OF 2016) ... RESPONDENT / COMPLAINANT For Petitioner : M/S A.JOEL PAUL ANTONY Advocate For Respondent : MR.A.P.BALASUBRAMANI, Govt. Advocate ( Crl. Side) PETITION 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 13.03.2016 for the offences punishable under Sections 147, 148, 341, 294(b), 323, 324 and 307 IPC in Crime No.105 of 2016 on the file of the respondent police, seek bail.

2. Heard Mr.A.Joel Paul Antony, learned counsel appearing for the petitioners and Mr.A.P.Balasubramani, learned Government Advocate (Criminal Side) appearing for the State.

3. It is seen that the petitioners were arrested on 13.03.2016 and they are in custody since then. It is the case of the prosecution that there was fight between the petitioners, who belong to one Union and the de-facto complainant, who belong to another https://hcservices.ecourts.gov.in/hcservices/

Union and the de-facto complainant has been discharged from the hospital.

4. Taking into consideration the nature of the allegations against these petitioners, this Court is of the view that it is a fit case 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) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Vedasandur, Dindigul District:

[ii] the petitioners shall stay at Vedasandur and report before the Vedasandur Police Station everyday at 6.30 p.m. until further orders.

[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]. [vi] The Inspector of Police concerned is directed to send compliance report to the office of the learned Government Advocate (Crl. Side) as to whether the petitioners are complying with the condition or not.

sd/- 30/03/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,VEDASANDUR, DINDIGUL DISTRICT. 2 DO THRO'THE CHIEF JUDICIAL MAGISTRATE,DINDIGUL. 3 THE ADDL. PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE INSPECTOR OF POLICE VEDASANTHUR POLICE STATION,VEDASANTHUR, DINDIGUL DISTRICT. 5 THE OFFICER INCHARGE,DISTRICT PRISON, DINDIGUL. 6 THE OFFICER INCHARGE,BORSTAL SCHOOL, MELUR, MADURAI. +1. CC to M/S A.JOEL PAUL ANTONY Advocate SR.No.17537

ORDER

IN CRL OP(MD) No.5437 of 2016 Date :30/03/2016 RG.GSV-PM/SAR-I 29.03.2016 2P/8C https://hcservices.ecourts.gov.in/hcservices/