Madras High CourtCRL OP(MD)/12266/2023allowed

Ananth @ Palaniappan v. The Inspector Of Police

2023-07-07Honourable Mr Justice G.Ilangovan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Criminal Jurisdiction) Dated: 07/07/2023 THE HON'BLE MR JUSTICE G.ILANGOVAN Crl.OP(MD)No.12266 of 2023 Ananth @ Palaniappan : Petitioner/A10 Vs.

The State, Rep. by Inspector of Police, Virudhunagar East Police Station, Virudhunagar District.

(Crime No.91 of 2023) : Respondent/Complainant For Petitioner : Mr.S.Sarvagan Prabhu For Respondent : Mr.B.Nambiselvan Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER:- For Bail in Crime No.91 of 2023 on the file of the Respondent Police.

ORDER: The Court made the following order:-

The petitioner/A10, who was arrested and remanded to judicial custody, on 06/03/2023 for the offences punishable under sections 147, 148, 307, 353, 450 and 506(2) IPC in Crime No.91 of 2023 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the de-facto complainant and his friend Vignesh were arrested and remanded to judicial custody, on 06/03/2023 in murder case and the de-facto complainant and his friend were admitted in the hospital for treatment. Thereafter, on 18/04/2023 at about 05.45 pm, the petitioner along with other accused unlawfully assembled and attempted to murder the de-facto complainant, while he was in lawful custody and also threatened to kill him.

3.Heard both sides and perused the materials available on record.

4.The learned counsel appearing for the petitioner would submit that the co-accused namely Silamparasan was granted bail by this court, by order, dated 05/06/2026 in Crl.OP(MD)No.9542 of 2023 and Raja was enlarged on

anticipatory bail by this court, by order, dated 14/06/2023 in Crl.OP(MD)No.10471 of 2023. A1, A5 and A13 were arrested and released on bail.

5.The learned Additional Public Prosecutor would submit that A1, A4, A7, A8, A9 and A10 were detained under Preventive Detention Act.

6.The learned counsel appearing for the petitioner would submit that the the petitioner's involvement is not noted in the FIR and only based upon the confession statement of the co-accused, he has been arrayed as an accused.

7.Considering the facts and circumstances of the case and also considering the fact that since the coaccused have been granted bail and the anticipatory bail as the case may be, this court is inclined to grant bail to the petitioner subjected to certain conditions. 8.Accordingly, the petitioner is ordered to be released on bail on condition that he shall execute 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 No.II, Virudhunagar and on further condition that the petitioner shall stay at Thanjavur and report before the Judicial Magistrate No.1, Thanjavur daily at 10.30 am until further orders. Index:Yes/No Internet:Yes/No To, 1.The Judicial Magistrate No.II, Virudhunagar.

2.The Inspector of Police, Virudhunagar East Police Station, Virudhunagar.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

4.The Central Prison, Madurai.

G.ILANGOVAN, J er Crl.OP(MD)No.12266 of 2023

Crl.OP(MD)No.11593 of 2023 G.ILANGOVAN, J Let the Investigating Officer be present before this court in person on 12/07/2023 at about 02.15 pm, along with CD file, since there is a contradiction with regard to the place from where the contraband has been recovered.

Call on 12/07/2023 at 02/.15 pm.