Madras High CourtCRL OP(MD)/7219/2016ordered

Andichamy v. The Sub Inspector Of Police

2016-04-27Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Seventh day of April Two Thousand Sixteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.7219 of 2016 1 ANDICHAMY 2 RAJA 3 PONNADAIKAN 4 DHARMAN ..PETITIONERS/ACCUSED Nos.31,36,41 & 42 Vs.

STATE REP.BY THE SUB INSPECTOR OF POLICE NATHAM POLICE STATION, DINDIGUL, DINDIGUL DISTRICT.

(CRIME NO. 148 OF 2016) ..RESPONDENT/COMPLAINANT For Petitioner : M/S D.SELVARAJ Advocate For Respondent : Mr.A.P.BALASUBRAMANI, Government 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 05.04.2016 for the offences punishable under Sections 147, 148, 188, 353, 332, 307 I.P.C. r/w 3(1) of TNPPDL Act in Crime No.148 of 2016, on the file of the respondent police, seek bail.

2. Heard the learned Counsel for the petitioners and the learned Government Advocate (Crl.Side) appearing for the State.

3. Taking into consideration the nature of allegations made in the F.I.R., 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) Each of the petitioner 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 cum Munsif Court, Natham;

(ii) the petitioners shall stay at Tirunelveli and appear before the Junction Police Station daily twice at 10.00a.m. and 06.00 p.m. till 15.05.2016 and thereafter as and when required for interrogation before the respondent police;

(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 https://hcservices.ecourts.gov.in/hcservices/

Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560];

(e) The Inspector of Police concerned, is directed to send compliance report to the office of the learned Government Advocate (Crl.Side) whether the petitioners are complying with the order or not. sd/- 27/04/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE CUM MUNSIF, NATHAM, DINDIGUL DISTRICT. 2 THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL.

3 THE ADDL.PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT,MADURAI. 4 THE SUB INSPECTOR OF POLICE, NATHAM POLICE STATION, DINDIGUL, DINDIGUL DISTRICT.

5 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI. +1. CC to M/S D.SELVARAJ Advocate SR.No.24347 ORDER IN CRL OP(MD) No.7219 of 2016 Date :27/04/2016 PBK/SK-SKN/AR-I 27/04/2016 ::2P-7C::

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