Subburaj v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Eleventh day of October Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) Nos.18270 and 18290 of 2018 1 SUBBURAJ 2 VALLIKUMAR ... PETITIONERS / ACCUSED (2 & 6) IN CRL OP(MD) No.18270 of 2018 1 SUBBURAJ 2 VALLIKUMAR ... PETITIONERS / ACCUSED (2 & 5) IN CRL OP(MD) No.18290 of 2018 Vs STATE REP. BY THE SUB INSPECTOR OF POLICE, SENGOTTAI POLICE STATION, TIRUNELVELI DISTRICT.

... RESPONDENT / COMPLAINANT (CR NO.408/2018) IN CRL OP(MD) No.18270 of 2018 (CR NO.405/2018) IN CRL OP(MD) No.18290 of 2018 For Petitioners : M/S.PORKODI KARNAN, Advocate M/S.POLAX LEGAL SOLUTIONS IN BOTH THE PETITIONS For Respondent : MR.V.NEELAKANDAN, Additional Public Prosecutor IN BOTH THE PETITIONS PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- COMMON ORDER The petitioners in Crl.O.P(MD)No.18270 of 2018, are in judicial custody since 15.09.2018 for the offences punishable under Sections 147, 148 I.P.C r/w Section 3(1) of TNPPDL Act, in Crime No.408 of 2018 on the file of the respondent police. They seek bail. The petitioners in Crl.O.P(MD)No.18290 of 2018, are in judicial custody since 15.09.2018 for the offences punishable under Sections 147, 148, 294(b), 324, 506(ii) I.P.C r/w Section 3(1) of TNPPDL Act, in Crime No.405 of 2018 on the file of the respondent police. They seek bail.

2. The case of the prosecution is that on 13.09.2018 and 14.09.2018 while the petitioners and others were conducting procession of Vinayagar idols, petitioners joined hands with others pelted stones on the shops situated in that street and damaged the showcase glass and doors of the shop and caused damages. Hence the complaint.

3. The learned counsel for the petitioners would submit that the petitioners are innocent and they have not committed any offence as alleged by the prosecution. They have been falsely implicated in this case. Hence, he prays for grant of bail to the petitioners. 4.Heard the learned Additional Public Prosecutor for the respondent.

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) each of the petitioners shall deposit a sum of Rs.5,000/- to the credit of Crime No.405 of 2018 before the learned Judicial Magistrate, Shencottah.

(i) 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, Shencottah.

(iii)the petitioners shall report before the Thallakulam Police Station, Madurai, daily at 10.30.am., for a period of two weeks, thereafter as and when required for interrogation.

sd/- 11/10/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, SHENCOTTAH.

2 -DO- THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI.

3 THE SUB INSPECTOR OF POLICE, SENGOTTAI POLICE STATION, TIRUNELVELI DISTRICT.

4 THE SUPERINTENDENT, CENTRAL JAIL, PALAYAMKOTTAI.

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

6 THE INSPECTOR OF POLICE, THALLAKULAM POLICE STATION, MADURAI.

+2. CC to M/S.POLAX LEGAL SOLUTIONS Advocate SR.No.19420, 19421

ORDER

IN CRL OP(MD) Nos.18270 and 18290 of 2018 Date :11/10/2018 JM/PN/SAR 2/11.10.2018/3P/9C