Kannan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26.10.2023 PRESENT The Hon`ble Mr.Justice R.SAKTHIVEL 1.Kannan 2.Anandh ... Petitioners/Accused No.5&6 Vs The State rep. by The Inspector of Police, Karaiyur Police Station, Pudukottai District.

(Crime No.112 of 2023) ... Respondent/Complainant For Petitioners : Mr.G.Mathavan, Advocate For Respondent : Mr.A.Thiruvadikumar Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.112 of 2023 on the file of the respondent police. 1/6

ORDER : The Court made the following order :- The petitioners/A5 & A6, who were arrested and remanded to judicial custody on 11.10.2023 for the alleged offence under Sections 147, 294(b), 506(ii) IPC and Section 3(1) of TNPPDL Act r/w Section 4 of TNPHW Act in Crime No.112 of 2023, on the file of the respondent police, seek bail. 2.The case of the prosecution is that the defacto complainant is working as a Panchayat Secretary in Karaiyur village. On 11.10.2023, at about 11.00 am., there was a protest in Karaiyur village against malpractice in the village administration. At about 02.15 pm., the accused persons entered into the office and damaged the office files and computer system. They also threatened the staff and abused them in filthy language. Hence, the case.

3.The learned counsel for the petitioners submitted that petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. He further submitted that the petitioners are in judicial custody from 11.10.2023 and hence, he seeks bail.

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4.The learned Additional Public Prosecutor submitted that the petitioners and other accused damaged the properties belonged to the panchayat. He further submitted that the petitioners have no previous case and the investigation is not completed. At this stage of investigation, if bail is granted to the petitioner, he will cause threat to the defacto complainant. Accordingly, learned Additional Public Prosecutor raised objection for granting bail. 5.Heard on both sides. This Court has perused records. 6.Petitioners are in judicial custody since 11.10.2023. Petitioners are first offender. Petitioners have no previous case. Hence, with a view to give an opportunity to reform themselves and also considering the nature of allegations made against the petitioners and the nature of offence allegedly committed by the petitioners, this Court is inclined to grant bail to the petitioners with conditions. 7.Accordingly, this Criminal Original Petition is allowed subject to the following conditions:- 3/6

i)the petitioners shall deposit a sum of Rs.5,000/-(Rupees Five Thousand only)each to the credit of Crime No.112 of 2023 before the learned Judicial Magistrate, Ponnamaravathy, within a period of two weeks from the date of receipt of a copy of this order. In turn, the learned Judicial Magistrate shall deposit the said amount in any one of the Nationalized Bank. The said deposit shall be renewed periodically till the conclusion of trial.

ii)the petitioners are ordered to be released on bail, on executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only)each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Ponnamaravathy. iii)the petitioners shall report before the learned Judicial Magistrate, Ponnamaravathy daily at 10.00 a.m. until further orders. iv)the petitioner shall not cause threat to the defacto complainant and witnesses.

v)on breach of any of the aforementioned conditions, the learned Magistrate is entitled to pass appropriate orders against the petitioner in accordance with law as if 4/6

the aforementioned conditions are imposed by themselves as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005)13 SCC 283]. sd/- 26/10/2023 / TRUE COPY / 27/10/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

gns TO 1.The Judicial Magistrate, Ponnamaravathy.

Note: The trial Court shall decide about the entitlement of the deposited amount with accrued interest at the time of passing final judgment.

2. Do through the Chief Judicial Magistrate, Pudukottai.

3. The Officer Incharge, District Prison, Pudukottai.

4.The Inspector of Police, Karaiyur Police Station, Pudukottai District.

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

+1 CC to M/s.G.MATHAVAN, Advocate ( SR-15615[I] dated 26/10/2023 ) 5/6

ORDER

IN CRL OP(MD) No.19358 of 2023 Date :26/10/2023 SSA/27.10.2023/6P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6