BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Sixteenth day of December Two Thousand Eleven PRESENT The Hon`ble Mr.Justice V.PERIYA KARUPPIAH CRL OP(MD) No.16509 of 2011 1. THIAGHU @ THIYAGARAJAN 2. KAMESHWARAN 3. BALASUBRAMANIAN : PETITIONERS/ACCUSED NOS.1, 2 & 7 Vs. THE STATE REP.BY THE INSPECTOR OF POLICE KALAIYAR KOVIL POLICE STATION, SIVAGANGAI DISTRICT. CRIME NO.349/2011 : RESPONDENT/COMPLAINANT For Petitioner : M/S. J.JEYAKUMARAN Advocate For Respondent : Mr. K.S.DURAI PANDIAN Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C. ORDER : The Court Made the following order :- The petitioners are the accused in Crime No.349 of 2011 on the file of the respondent police, for offence under Sections 147, 148, 109, 454, 380 I.P.c and Section 3(1) (X) of SC/ST Act 1989 r/w Section 3 of PPDL Act. The petitioners have been in judicial custody from 29.11.2011 onwards. They have come forward with this petition seeking bail. 2. Heard Mr.J.Jeyakumaran, learned counsel for the petitioners and Mr.K.S.Duraipandian, learned Additional Public Prosecutor appearing for the State. 3. According to the learned counsel appearing for the petitioners, the petitioners are ranked as ranked as A-1, A-2 and A-7 and there is a counter case in Crime No.350 of 2011 against the de- facto complainant and others and the present case has been launched against the petitioners and others due to election motive and the other co-accused were released on bail by the learned Sessions Judge on 24.11.2011. He would further submit in his argument that the petitioners are ready to abide by any conditions likely to be imposed by this Court in the event of granting bail to the petitioners. https://hcservices.ecourts.gov.in/hcservices/ 4. The learned Additional Public Prosecutor would submit in his argument that the investigation is pending and the other co-accused have surrendered and they they were granted bail on 24.11.2011 by the learned Sessions Judge with stringent conditions. He would further submit that the petitioners did not disclose the fact that they have filed Crl.O.P(MD)No.15026 of 2011 before this Court which was dismissed and therefore, they were found not eligible for grant of bail by the said Court. He would further submit that if for any reason this Court is inclined to grant bail to the petitioners, suitable conditions may be imposed for their secured presence. 5. I have considered the above submissions. 6. Considering the submissions made by both sides I could see that the petitioners have been in judicial custody from 29.11.2011 and they have surrendered before the learned Sessions Judge. But, the said Court had denied bail to the petitioners since they did not disclose the dismissal of Crl.O.P(MD)No.15026 of 2011 filed for a direction to accept their surrender before the lower Court, on 22.11.2011. However, the other accused persons have been released on bail on 24.11.2011 by the said Court. 7. In view of the fact that the petitioners have been in judicial custody from 29.11.2011 onwards and the investigation is offing and a counter case also been filed against the de-facto complainant and others, I am inclined to grant bail to the petitioners, but with stringent conditions. 8. In the result, this petition is ordered and bail is granted to the petitioners on the following conditions: - (i) The Petitioners shall be enlarged 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 likesum to the satisfaction of the learned Judicial Magistrate No.I, Sivagangai; and (ii) Each petitioner the Petitioner shall deposit a sum of Rs.18,000/-(Rupees Eighteen Thousand Only) to the credit of Crime No.349 of 2011 before the learned Judicial Magistrate No.I, Sivagangai; and (iii) The petitioners shall stay at Thiruppathur in Vellore District and appear before the Thiruppathur Police Station twice a day i.e., morning at 10.30 a.m., and evening at 5.30 p.m., until further orders. sd/- 16/12/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. https://hcservices.ecourts.gov.in/hcservices/ TO 1. THE JUDICIAL MAGISTRATE NO.1, SIVAGANGAI. 2. -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT. 3. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 4. THE INSPECTOR OF POLICE KALAIYAR KOVIL POLICE STATION, SIVAGANGAI DISTRICT. 5. THE SUPERINTENDENT CENTRAL PRISON, MADURAI. 6. THE INSPECTOR OF POLICE THIRUPPATHUR POLICE STATION, VELLORE DISTRICT. +1 CC to M/S. J.JEYAKUMARAN Advocate SR.No.44000 ORDER IN CRL OP(MD) No.16509 of 2011 Date :16/12/2011 NSV/19.12.11/3P/8C https://hcservices.ecourts.gov.in/hcservices/