Shanmugavelu v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Thirtieth day of November Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD) No.21273 of 2018 SHANMUGAVELU ... PETITIONER / 6th ACCUSED Vs STATE REP. BY THE INSPECTOR OF POLICE, MUDUKULATHUR POLICE STATION, RAMNAD DISTRICT.

CRIME NO.140/2018 ... RESPONDENT / COMPLAINANT For Petitioner : MR.D.VENKATESH Advocate For Respondent : MR.S.CHANDRASEKAR, Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner was arrested and remanded to judicial custody since 16.11.2018 for offences punishable under Sections 147, 148, 341, 294(b), 323, 324, 336 and 307 IPC and Section 3 (1) of the TNPPDL Act 1992, in Crime No.140 of 2018, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that there was a communal clash between two groups. When the defacto complainant was on duty for keeping peace in the locality, during funeral procession, the petitioner and others forming an unlawful assembly. Since the defacto complainant was prevented from doing his duty, there seems to have been some dispute between the defacto complainant and the petitioner, the petitioner along with other accused said to have attacked the defacto complainant by knife stick and threatened with dire consequences. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner is an innocent persons and he has been falsely implicated in this case.

4. Heard the learned Additional Public Prosecutor.

5. Considering the facts and circumstances of the case and also considering the period of incarceration of the petitioners, this Court is inclined to grant bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/

6. Accordingly, the petitioners is ordered to be released on bail on his 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, Mudukulathur and on further condition that:

[a] the petitioner shall report before the respondent police daily at 10.30.am., until further orders.

[b] the petitioner shall not abscond either during investigation or trial.

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[d] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner 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]. [e] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 30/11/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, MUDUKULATHUR.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM.

3 THE INSPECTOR OF POLICE, MUDUKULATHUR POLICE STATION, RAMNAD DISTRICT.

4 THE OFFICER INCHARGE, SUB-JAIL, MUDUKULATHUR.

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

+1. CC to M/S.D.VENKATESH Advocate SR.No. 22462

ORDER

IN CRL OP(MD) No.21273 of 2018 Date :30/11/2018 https://hcservices.ecourts.gov.in/hcservices/ JM/VR MMS/SAR 4/30.11.2018/2P/7C