Sullan @ K.Rameshkumar v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/06/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI

1. Sullan @ K.Rameshkumar

2. M.Balaguru

3. S.Kaliyappan ... Petitioners/Accused No.1-3 Vs The Sub Inspector of Police, Vadamadurai Police Station, Dindigul District.

(Crime No.262/2024).

... Respondent/Complainant For Petitioners: Mr.S.Louis, Advocate.

For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.262/2024 on the file of the Respondent Police. ORDER : The Court made the following order :- The respondent police registered a case as against these petitioners in Crime 1/5

No.262 of 2024 for the offence under Sections 147, 294(b), 323, 324, 392 and 506(2) of IPC and remanded him into judicial custody on 22.05.2024. 2.The defacto complainant, in this case, is an Advocate. The case of the prosecution is that the defacto complainant in an inebriated condition drove the vehicle and dashed against two persons and therefore, the entire villagers surrounded him and assaulted him. Hence, the case. 3.The learned counsel appearing for the petitioners submits that the petitioners are innocents and they have been falsely implicated in this case. He further submits that they are languishing in jail from 22.05.2024. 4.The learned Additional Public Prosecutor for the respondent has raised serious objections that the investigation is pending. 5.Taking into consideration of the facts and circumstances of the case and the period of incarceration, this Court is inclined to grant bail to the petitioners. 6.At this juncture, the learned counsel for the petitioners submits that since the 2/5

defacto complainant, who is also practicing Advocate in Dindigul Court, they are not in a position to furnish the sureties before the concerned Judicial Magistrate. Based on that, this Court may also permit the petitioners to move the application without moving the Court of Sessions.

7.Considering the peculiar circumstances, this Court permits the petitioners to furnish the sureties before the learned Judicial Magistrate No.I, Madurai and the same may be bound over to the learned Judicial Magistrate No.1, Vedasandur, Dindigul District.

8.Accordingly, this Criminal Original Petition is ordered and the petitioners are ordered to be released on bail on the following conditions:- i) The petitioners shall execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand) each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Madurai; 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;

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iii) The petitioners shall report before the respondent police as and when required for interrogation;

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. The petitioners shall be available for the trial as well. v) On violation of any of the above conditions by the petitioner, the respondent police shall move an application for cancellation of the bail. 9.The learned counsel for the petitioners shall also take necessary steps to resolve the issue between the petitioners and the defacto complainant. sd/- 12/06/2024 / TRUE COPY / 12/06/2024 Sub-Assistant Registrar (WRIT ) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO

1. THE JUDICIAL MAGISTRATE NO.I, MADURAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI.

3. THE JUDICIAL MAGISTRATE NO.1, VEDASANDUR, DINDIGUL DISTRICT.

4. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDUGAL DISTRICT.

5. THE OFFICER IN CHARGE, VEDASANDUR PRISON, DINDIGUL DISTRICT.

6. THE SUB INSPECTOR OF POLICE, VADAMADURAI POLICE STATION, DINDIGUL DISTRICT.

7. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 cc to MR.S.LOUIS, Advocate SR.No.6420 dated 12.06.2024

ORDER

IN CRL OP(MD) No.8580 of 2024 Date :12/06/2024 RK (12/06/2024) 5P / 9C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5