Ramesh v. The Inspector Of Police

CRL OP(MD). No.9500 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/05/2022 PRESENT The Hon`ble Mrs.Justice T.V.THAMILSELVI CRL OP(MD). No.9500 of 2022

1. Ramesh

2. Suresh

3. Ramar @ Jayaraman ... Petitioner Vs The State rep.by, The Inspector of Police, Aviyur Police Station, Virudhunagar District.

Crime No.116 of 2022.

... Respondent For Petitioners : MR.N.Jeyaram Sidharth, Advocate.

For Respondent : Mr.M.Vaikkam Karunanithi, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :-For Bail in Crime No.116 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners, who were arrested and remanded judicial custody on 08.05.2022 for the offences punishable under Section 294 (b) of IPC r/w Section 3(3) of Tamil Nadu Public Property (Prevention of Damage and Loss) Act, in Crime No.116 of 2022, on the file of the respondent police, seek bail.

2.Heard the learned counsel appearing for the petitioners and the learned Government Advocate appearing for the respondent police. 3.The petitioners damaged the road laid by the Panchayat between two villages. Hence, the complaint.

4.The learned counsel appearing for the petitioners submits that the road, which is said to have been damaged is also restored and he produced a photocopy of the road, which was restored now and hence, they pray for grant of bail.

5.The learned Government Advocate submits that one previous case is pending against the petitioners and the petitioners are in custody from 08.05.2022 onwards. He further submits that the investigation is almost completed.

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CRL OP(MD). No.9500 of 2022 6.Accordingly, the petitioners are ordered to be released on bail on their executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Virudhunagar.

(i)the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar cards or Bank Pass Books to ensure their identity;

(ii)the petitioners shall report before the respondent police every wednesday at 10.30 a.m., for a period of two weeks and give an undertaking that the petitioners shall not cause any damage to the road in future;

(iii)the petitioners shall not tamper with evidence or witness; (iv)the petitioners shall not abscond during 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]. sd/- 18/05/2022 / TRUE COPY / 18/05/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II, VIRUDHUNAGAR.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

3 THE OFFICER INCHARGE, SUB JAIL, VIRUDHUNAGAR.

4 THE INSPECTOR OF POLICE AVIYUR POLICE STATION, VIRUDHUNAGAR DISTRICT. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.N.JEYARAM SIDHARTH, Advocate ( SR-4704[I] dated 18/05/2022 )

ORDER

IN CRL OP(MD) No.9500 of 2022 Date :18/05/2022 CM MK/JM/SAR.II/18.05.2022/2P/7C https://hcservices.ecourts.gov.in/hcservices/ 2/2