Palpandiyan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/04/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI
1. Palpandiyan,
2. Tharmaraj,
3. Thangavel,
4. Murugesan,
5. Udhayakumar, ... Petitioners/Accused No.1 to 5 Vs The Inspector of Police, Sivanthipatti Police Station, Tirunelveli District.
Crime No. 126 of 2024.
... Respondent/Complainant For Petitioners : K.Jeyamohan,Advocate.
For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor 1/5
PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- For Bail in Crime No.126 of 2024 on the file of the respondent police. ORDER : The Court made the following order :- The respondent police registered a case as against this petitioner in Crime No.126 of 2024 for the offence under Sections 147, 148, 294(b), 332, 353 and 506(ii) I.P.C and Section 3 of Tamil Nadu Public Property (Prevention of Damage and Loss) Act, 1992 and remanded him into judicial custody on 08.04.2024. Therefore, the petitioner has filed this petition seeking bail.
2. The case of the prosecution is that the petitioner's relative was murdered on 08.04.2024 and a case has been registered as against one Balamurugan in Crime No.125 of 2024. The petitioners while approaching towards the house of said Balamurugan, abused the respondent police in filthy language and also damaged the house of the defacto complainant, due to which, the defacto complainant got injured in the attack.
3. The learned counsel for the petitioners submits that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. However, they are languishing in Jail from 08.04.2024. 2/5
4. The learned Additional Public Prosecutor appearing for the respondent opposes for grant of bail on the ground that the investigation is pending. He further submits that the defacto complainant sustained simple injury.
5. Considering the facts and circumstances of the case, also considering the period of incarceration and the injury, this Court is inclined to grant bail to the petitioner.
6. Accordingly, this Criminal Original Petition is ordered and the petitioner is ordered to be released on bail i) on the petitioners executing a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.III, Tirunelveli. ii) The petitioners and the sureties shall submit a copy of their Aadhaar Card or any other identity card issued by the Government in proof of their residence address; iii) The petitioners shall stay at Madurai and he shall appear before the Inspector of Police, Thallakulam Police Station, Madurai daily at 10.30 a.m. until further orders. They have to co-operate for the investigation. iv) The petitioners shall not misuse the liberty granted to them by indulging in any further offence and shall not tamper with the prosecution witnesses. She shall be 3/5
available for the trial as well.
v) On violation of any of the above conditions by the petitioners, the respondent police shall move an application for cancellation of the bail. sd/- 18/04/2024 / TRUE COPY / 18/04/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
LS TO THE JUDICIAL MAGISTRATE NO.III TIRUNELVELI DO-THROUGH :
THE CHIEF JUDICIAL MAGISTRATE, THIRUNELVELI DISTRICT.
THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI.
THE INSPECTOR OF POLICE SIVANTHIPATTI POLICE STATION, TIRUNELVELI DISTRICT.
THE INSPECTOR OF POLICE THALLAKULAM POLICE STATION, MADURAI.
4/5
THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.K.JEYAMOHAN, Advocate ( SR-4633[I] dated 18/04/2024 )
ORDER
IN CRL OP(MD) No.6044 of 2024 Date :18/04/2024 PKP/18.04.2024/ 5P/ 8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5