C.Murugan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fourth day of May Two Thousand Sixteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.7734 and 7736 of 2016 1 C.MURUGAN 2 PANDI 3 SIVARAJ ... PETITIONERS/ACCUSED No.1 to 3 IN CRL OP(MD) No.7734 of 2016 M.SELVARANI ... PETITIONER/ACCUSED NO.4 IN CRL OP(MD) No.7736 of 2016 Vs THE STATE REP.BY THE INSPECTOR OF POLICE ERIODU POLICE STATION, DINDIGUL DISTRICT.
CR.NO.139/2016 ... RESPONDENT / COMPLAINANT IN BOTH CASES.
For Petitioner : M/S C.KARUPPAIAH Advocate IN BOTH CASES For Respondent : MR.A.P.BALASUBRAMANI, Govt. Advocate ( Crl. Side)IN BOTH CASES.
PETITIONS FOR BAIL Under Sec. 439 Cr.P.C.
ORDER : The Court Made the following order :- The petitioners/Accused Nos.1 to 4, who were arrested and remanded to judicial custody on 02.04.2016, for the offences punishable under Sections 147, 148, 294(b), 323, 324, 332, 353 and 307 IPC read with Section 3 of Tamil Nadu Property (Prevention of Damages and Loss) Act, 1957, in Crime No.139 of 2016, on the file of the respondent Police, seek bail.
2. Heard Mr.C.Karuppaiah, learned counsel appearing for the petitioners / accused Nos.1 to 4 and Mr.A.P.Balasubramani, learned Government Advocate (Criminal Side) appearing for the State.
3. It is seen that the petitioners were arrested on 02.04.2016 and that the injured has been discharged from the hospital. It is also seen that there are several previous cases registered against Murugan, the first petitioner in Crl.O.P.(MD)No.7734 of 2016. Hence, the petition is dismissed as against Murugan, the first petitioner in Crl.O.P.(MD)No.7734 of 2016.
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4. As against the other petitioners, taking into consideration the nature of allegations made against them, this Court is of the view that this is a fit case to grant bail to them. 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 sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Vedasandur. (ii)they shall stay at Suseendram and sign before the Suseendram Police Station daily at 10.30 a.m., until further orders.
(iii)they shall not tamper with evidence or witness either during investigation or trial.
(iv)they 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 them in accordance with law as if the conditions have been imposed and the petitioners 2 and 3 in Crl.O.P.(MD)No.7734 of 2016 and the petitioner in Crl.O.P.(MD)No.7736 of 2016 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].
5. 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/- 04/05/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE,VEDASANDUR.
2 DO THRO THE CHIEF JUDICIAL MAGISTRATE,DINDIGUL DISTRICT 3 THE SUPERINTENDENT,CENTRAL PRISON,MADURAI.
4 THE SUPERINTENDENT,SPECIAL PRISON FOR WOMAN,MADURAI. 5 THE ADDL. PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT,MADURAI. 6 THE INSPECTOR OF POLICE,SUSEENDRAM POLICE STATION,SUSEENDRAM. 7 THE INSPECTOR OF POLICE,ERIODU POLICE STATION, DINDIGUL DISTRICT. +2. CC to M/S C.KARUPPAIAH Advocate SR.No.25969, 25970
ORDER
IN CRL OP(MD)No.7734 and 7736 of 2016 Date :04/05/2016 https://hcservices.ecourts.gov.in/hcservices/ AM/AAL.MPA/SAR-II/04.05.2016/2P/10C