V.Raja v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twentieth day of June Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.9685 of 2016 1 V.RAJA 2 S.RAJA @ RAJMOHAN 3 T.PRABHU 4 V.SENTHAMIL ARASAN ... PETITIONERS/ACCUSED No.1 to 4 Vs THE STATE REP. BY THE INSPECTOR OF POLICE POOVANTHI POLICE STATION, CR.NO.99/2016 ... RESPONDENT / COMPLAINANT For Petitioner : M/S R.PANDI MAHARAJA Advocate For Respondent : Mr.P.Kannithevan, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners are arrayed as accused Nos.1 to 4, who were arrested and remanded to judicial custody on 03.06.2016 for the alleged offences punishable under Sections 21(1) of Minor Minerals Development and Regulations Act and Section 3 of TNPPDL Act and Section 294(b), 307 and 379 of IPC in Crime No.99 of 2016, on the file of the respondent police and hence, seek bail. 2.The case of the prosecution is that while the defacto complainant is on patrolling duty, he received information that some persons are involved in sand theft near Karungulam River Bank and at that time, A2 and A4 saw the defacto complainant and informed to A5. A5 instigated the other accused to kill the defacto complainant and police informer one Thirumalai. A2 & A4 tried to kill the defacto complainant by dashing the vehicle against the defacto complainant and Thirumalai. They have escaped from the place of occurrence with injury. On complaint, case has been registered for the above said offences.

https://hcservices.ecourts.gov.in/hcservices/ 3.The case of the petitioners is that the petitioners are innocent and they have not committed any offence as alleged by the

prosecution. There is a enmity between the petitioners and the defacto complainant and said Thirumalai, due to that a false complaint has been given to pressurise the petitioners to settle some dispute.

4.The learned Government Advocate(Crl.side) submitted that on information when the police went to the spot, the accused persons tried to kill the defacto complainant and police informer Thirumalai and they escaped with minor injury. Investigation is pending. 5.Considering the nature of allegations, this Court is inclined to enlarge the petitioners on bail with certain conditions. Accordingly, the petitioners are ordered to be released on bail on executing 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 No.II, Sivagangai and on further condition that the petitioners shall stay at Nagercoil and appear before the Nagercoil Police Station daily at 10.00 a.m., until further orders.

sd/- 20/06/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE NO.II, SIVAGANGAI. 2 DO THRO' THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI 3 THE INSPECTOR OF POLICE, POOVANTHI POLICE STATION, SIVAGANGAI DISTRICT.

4 THE INSPECTOR OF POLICE, NAGERCOIL POLICE STATION, NAGERCOIL. 5 THE SUPERINTENDENT, CENTRAL JAIL, MADURAI. 6 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S R.PANDI MAHARAJA Advocate SR.No.31436 AM JM/AAL-MPA/SAR-II/20.06.2016/2P-8C

ORDER

IN CRL OP(MD) No.9685 of 2016 Date :20/06/2016 https://hcservices.ecourts.gov.in/hcservices/