Visveshwaran @ Viji v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Ninth day of December Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) NoS.22504, 22515, 22503 and 22380 of 2015 VISVESHWARAN @ VIJI ... PETITIONER / ACCUSED No.4 IN CRL.O.P.(MD)NO.22504 OF 2015.
1. N. MOHAMED ALI JINNAH
2. A. ABUTHAKIR ... PETITIONERS / ACCUSED No.5 & 6 IN CRL.O.P.(MD)NO.22515 OF 2015.
MOHAMMED DAWOOD IBRAHIM ... PETITIONER / ACCUSED No.7 IN CRL.O.P.(MD)NO.22503 OF 2015.
GANESH ... PETITIONER / ACCUSED No.9 IN CRL.O.P.(MD)NO.22380 OF 2015.
Vs THE STATE REP.BY THE INSPECTOR OF POLICE GANDHI MARKET POLICE STATION, TRICHY, CR NO.1383OF 2015. ... RESPONDENT / COMPLAINANT IN ALL CRL.O.PS.
For Petitioner :M/S N.ANANDAKUMAR,Advocate in CRL.O.P.MD)NO.22504 OF 2015. For Petitioner :M/S.S.DEENADHAYALAN, Advocate in CRL.O.P.MD)NO.22515 and 22380 OF 2015 For Petitioner :M/S.R.K.KARUNANIDHI,Advocate in CRL.O.P.MD)NO.22503 OF 2015.
For Respondent :MR.K.ANBARASAN,Govt. Advocate( Crl. Side) IN ALL CRL.O.PS. PETITIONS FOR BAIL Under Sec. 439 Cr.P.C.
ORDER : The Court Made the following order :- The Petitioners/Accused Nos. 4 to 7 & 9, who were arrested and remanded to judicial custody n 22.10.2015 and 23.10.2015 respectively for the alleged offences punishable under Sections 147, 148, 364(A) and 506 (ii) of IPC, in Crime No. 1383 of 2015 on the file of the respondent police and hence, seek bail.
2. The case of the prosecution is that on 21.10.2015 the son of the defacto complainant was kidnapped by the accused persons and demanded Rs.1,00,000/- from the defacto complainant. Therefore, the case has been registered for the above said offences.
3. The case of the petitioners is that the son of the defacto complainant and the first accused were close friends and there was a dispute with regard to money transaction. The first accused demanded https://hcservices.ecourts.gov.in/hcservices/
money from the son of the defacto complainant. Due to which, false complaint has been given. The petitioners are innocent persons and they have been falsely implicated in this case and they are in judicial custody for more than 45 days.
4. The learned Government Advocate (Crl. Side) submitted that the 164 Cr.P.C. Statement of the Victim has been recorded and the investigation is pending.
5. This Court, by the order dated 17.11.2015 dismissed the petition filed by the petitioners in Crl.O.P.(MD)No. 22515 of 2015 on the ground that the case was posted to 17.11.2015 for recording the statement of the victim and his father.
6. The alleged occurrence took place on 22.10.2015 and the petitioners are in judicial custody from 23.10.2015. The statement of the victim also recorded.
7. Considering the facts and circumstances of the case, this Court is inclined to grant bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released on bail on each of them 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 No.V, Tiruchirappalli and on further condition that the petitioners shall appear before the respondent police daily twice at 10.00 a.m., and 5.00 p.m., until further orders. sd/- 09/12/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE NO.V, THIRUCHIRAPPALLI 2 DO THRO THE CHEIF JUDICIAL MAGISTRATE,TRICHY DISTRICT 3 THE SUPERINTENDENT,CENTRAL PRISON,TRICHY. 4 THE INSPECTOR OF POLICE,,GANDHI MARKET POLICE STATION,TRICHY, 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT MADURAI +1. CC to M/S N.ANANDAKUMAR Advocate SR.No.70570 +1CC to MR.R.KARUNANIDHI,Advocate, SR.No. 70332 +2CC to MR.S.DEENADHAYALAN, Advocate, SR.No. 70433,70434.
ORDER
IN CRL OP(MD) NoS.22504, 22515, 22503 and 22380 of 2015 Date :09/12/2015 AM/09.12.2015/NGM.SS/SAR-II/2P/10C https://hcservices.ecourts.gov.in/hcservices/