Thirumurugan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Seventh day of September Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.15717 of 2018 1.THIRUMURUGAN 2.ALEX 3.DINESHKUMAR 4.KEVINKARAN 5.DHIVAGAR ... PETITIONERS / ACCUSED No.1 to 5 Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE SAMAYAPURAM POLICE STATION, TRICHY DISTRICT Crime No.216 of 2018 ... RESPONDENT / COMPLAINANT For Petitioners: Mr.K.M.KARUNAKARAN 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 26.08.2018 for the offences punishable under Sections 147, 148, 294(b), 323, 324, 506(ii) I.P.C and Section 3 of TNPPDL Act, in Crime No.216 of 2018 on the file of the respondent police. They seek bail. 2.The case of the prosecution is that on 26.08.2018, an engagement function between the bride and bridegroom. At that time, due to dispute arose between the petitioners and hotel suppliers in serving the meals, the petitioners assaulted the defacto complainant and threatened him with dire consequences. Further, they damaged the articles kept in the hotel. Hence, the complaint. 3.The learned counsel appearing for the petitioners would submit that the petitioners are innocents. They have been falsely implicated in this case. He further submitted that the petitioners are in incarceration from 26.08.2018 onwards. Hence, he prays for grant of bail to the petitioners.

https://hcservices.ecourts.gov.in/hcservices/ 4.The learned Additional Public Prosecutor appearing for the

respondent would submit that during the time of occurrence the petitioners had damaged the articles kept in the hotel, worth about Rs.1,85,000/-. Investigation is going on. Hence, he vehemently opposed the grant of bail to the petitioners. 5.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. Accordingly, the petitioners are ordered to be released on bail subject to the following conditions:

(i) the petitioners shall deposit a sum of Rs.1,00,000/-(Rupees one lakh) to the credit of Crime No.216 of 2018 before the learned Judicial Magistrate No.III, Trichy.

(ii) on such deposit, the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.III, Trichy.

(ii)the petitioners shall report before the respondent police as and when required for interrogation.

sd/- 07/09/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO III, TRICHY.

2.THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.

3.THE INSPECTOR OF POLICE SAMAYAPURAM POLICE STATION, TRICHY DISTRICT 4.THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.

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

+3. CC to Mr.K.M.KARUNAKARAN Advocate SR.No.17118,17144

ORDER

IN CRL OP(MD) No.15717 of 2018 Date :07/09/2018 TK/MMS/SAR.2/07.09.2018/2P-9C https://hcservices.ecourts.gov.in/hcservices/