Periyasamy v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Ninth day of August Two Thousand and Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.14077 of 2018 1.PERIYASAMY 2.MADHAN@MADHANKUMAR 3.SENTHIL KUMAR@THANJAI SENTHIL ... PETITIONERS/ ACCUSED NO.1,2 and 8 Vs STATE REPRESENTED BY, THE INSPECTOR OF POLICE, VADAMADURAI POLICE STATION, (CRIME NO.297 OF 2018) ... RESPONDENT / COMPLAINANT For Petitioners : Mr.K.GANDHIKUMAR, Advocate. For Respondent : Mr.V.NEELAKANDAN, Additional Public Prosecutor, PETITION FOR BAIL Under Sec. 439 Cr.P.C.
ORDER : The Court Made the following order :- The petitioners are in judicial custody since 05.06.2018 for the offences punishable under Sections 147, 148, 341, 307, 120(b) I.P.C and Section 4 of TNPPDL Act, in Crime No.297 of 2018 on the file of the respondent police. They seek bail. 2.The case of the prosecution is that on 01.06.2018, A1 to A3 and other accused had stopped the Van bearing Registration No.TN-18D-4668, which belongs to TASMAC and it was loaded with liquor bottles from TASMAC Godown and they raised slogans to release their leader Velmurugan, who involved an act of violence in connection with anti-sterlite factory. Subsequently, they poured petrol and set fire to the vehicle. Therefore, the entire vehicle was burnt out and the liquor bottles were also completely destroyed. They caused damages to the vehicle as well as the liquor bottles to the tune of Rs.13,54,000/-(Rupees thirteen lakhs and fifty four thousand only), Hence, the complaint.
3.The learned counsel appearing for the petitioners would submit that the petitioners are not involved in this offence. Further, he submits that the petitioners were also detained under Goondas Act and subsequently the said order was quashed by this Court. He further submits that the petitioners are in incarceration from 01.06.2018 onwards. Hence, he prays for bail. 4.The learned Additional Public Prosecutor for the respondent submits that totally there are 11 accused in this case. The petitioners herein are arrayed as A1, A2 and A8. The accused and others caused damages to the Van and liquor bottles to the tune of Rs.13,54,000/-(Rupees thirteen lakhs and fifty four thousand only). Hence, he vehemently opposed the grant of bail to the petitioners. 5.It is seen that this Court granted anticipatory bail to A8 in Crl.O.P(MD).No.
10173 of 2018, dated 29.06.2018 and granted bail to Accused Nos.3,4,5 & 6 in Crl.O.P(MD).No.11982 of 2018 dated 16.07.2018. Considering the above facts and circumstances and also considering the period of incarceration of the petitioners, this Court is inclined to grant bail to the petitioners.
(i) In view of the damage caused by the petitioners to the tune of Rs.13,54,000/-, the first petitioner shall deposit a sum of Rs.75,000/- (Rupees seventy five thousand only) to the credit of Crime No.297 of 2018 before the learned Judicial Magistrate, Vedasandur.
(ii)On such deposit, the petitioners shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand Only) each with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Vedasandur.
(iii)the petitioners shall report before the respondent police daily at 10.30 a.m until further orders.
sd/- 09/08/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1.THE JUDICIAL MAGISTRATE, VEDASANDUR.
2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE,
3.THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.
4.THE INSPECTOR OF POLICE VADAMADURAI POLICE STATION, 5.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.K.GANDHIKUMAR, Advocate, SR.No.15251.
ORDER
IN CRL OP(MD) No.14077 of 2018 Date :09/08/2018 msa RAM/PN/SAR 1/09.08.2018/3P/7C