Pon Essaki v. The Inspector Of Police

CRL OP(MD). Nos.11033, 11035, 11036 & 11039 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/06/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). Nos.11033, 11035, 11036 & 11039 of 2022 Pon Essaki ... Petitioner/Accused No.16 IN CRL OP(MD)No.11033/2022 ... Petitioner/Accused No.10 IN CRL OP(MD)No.11035/2022 ... Petitioner/Accused No.12 IN CRL OP(MD)No.11036/2022 ... Petitioner/Accused No.15 IN CRL OP(MD)No.11039/2022 Vs State Rep.by The Inspector of Police, Srivaikundam Police Station, Thoothukudi District.

Crime Nos.78,76,79 & 77/2015 ... Respondent/Complainant IN ALL CASES IN ALL CASES For Petitioner : M/s.Balamurugapandi D, Advocate.

For Respondent : Mr.Thanga Aravindh, Government Advocate (Crl.Side) PETITIONS FOR BAIL Under Sec.439 of Cr.P.C.

COMMON PRAYER :- For Bail in Crime Nos.78, 76, 79 and 77 of 2015 on the file of the Respondent Police.

COMMON ORDER : The Court made the following order :- The petitioner/Accused herein, who was arrested on 04.04.2022, in pursuant to NBW issued by the Judicial Magistrate, Srivaikundam in PRC No.42, 46, 43 and 47 of 2018, connected in Crime Nos.78, 76, 79 and 77 of 2015 respectively, on the file of the respondent police, seeks bail.

2.The learned counsel for the petitioner submitted that because of non appearance of the petitioner, the learned Judicial Magistrate, Srivaikundam has issued non-bailable warrants against the petitioner. The warrant recall petitions filed by the petitioner were also not entertained by the learned Magistrate and the petitioner was remanded in these cases. The bail applications filed by the petitioner were also dismissed by the learned Vacation Sessions Judge, Thoothukudi. The petitioner is in custody from 04.04.2022.

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CRL OP(MD). Nos.11033, 11035, 11036 & 11039 of 2022 3.The learned Government Advocate (Crl.Side) submitted that in the alleged village, there was enmity between two groups and person belonged to one group was murdered by the other group. Due to that the accused persons damaged the statue of the former Chief Minister of Tamil Nadu and only on that ground, all the cases have been registered against the accused persons.

4.Considering the period of incarceration and the fact that the final reports have already been filed and numbered before the concerned Court and committal proceedings are going on, this Court is inclined to grant bail to the petitioner with stringent conditions.

5.Accordingly, these Criminal Original Petitions are allowed and the petitioner is ordered to be released on bail, on executing a personal bond in each case for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two common sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Srivaikundam, and on further condition that the petitioner shall appear before the committal Court for all hearings and report before the respondent police once in a week at 10 A.M., until further orders. sd/- 22/06/2022 / TRUE COPY / 22/06/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, SRIVAIKUNDAM.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT. 3 THE INSPECTOR OF POLICE, SRIVAIKUNDAM POLICE STATION, THOOTHUKUDI DISTRICT.

4 THE OFFICER INCHARGE SUB JAIL, SRIVAIKUNDAM, THOOTHUKUDI DISTRICT. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+4 CC to M/s.D.BALAMURUGAPANDI, Advocate (SR-5898[I], SR-5899[I], SR-5900[I], SR-5901[I] dated 22/06/2022 ) ORDER IN CRL OP(MD). Nos.11033, 11035, 11036 & 11039 of 2022 Date :22/06/2022 RS/VR/SAR.3 (22.06.2022) 2P-10C https://hcservices.ecourts.gov.in/hcservices/ 2/2