BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Fourth day of June Two Thousand Eleven PRESENT The Hon`ble Mr.Justice R.S.RAMANATHAN CRL OP(MD) Nos.6743 and 6774 of 2011 GANESAN @ KATTA GANESAN ..PETITIONER/ACCUSED NO.2 IN BOTH THE PETITIONS Vs. THE STATE REP.BY THE INSPECTOR OF POLICE, VALLIYOOR POLICE STATION, TIRUNELVELI DISTRICT. CR.NOS.349 & 350 /11 RESPECTIVELY ..RESPONDENT/COMPLAINANT IN BOTH THE PETITIONS For Petitioner in Both the Petitions : M/S.R.ANAND Advocate For Respondent in Both the Petitions : MR.A.RAMAR, Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C. ORDER : The Court Made the following order :- The petitioner/Accused No.2 was arrested for offences under Sections 294(B),353, 506(II) of I.P.C. and Section 25(1) of Arms Act and 294(b), 386, 506(II) of I.P.C and Section 25(1) of Arms Act in Crime Nos. 349 and 350 of 2011, on the file of the respondent police and hence, seek bail. 2. It is submitted by the learned counsel for the petitioner that the respondent police only for the purpose of placing the petitioner under Goodas Act, foisted this case against the petitioner. On 21.5.2011 at about 10am, the petitioner was taken away by the respondent police and immediately a telegram was given by the mother of the petitioner that would prove the petitioner would not commit the offence. 3. The learned Additional Public Prosecutor submitted that on 21.5.2011 at about 12.30 p.m. the petitioner was arrested for the offences punishable under Sections294(b), 386m 506(ii) of IPC and Section 25(1) of Arms Act and the case was registered in Crime No. 350 of 2011 and on the same day, the respondent police found the petitioner and the another accused with Vel Kambu and when they were questioned by the police officials, they threatened the police officials and prevented them from discharging their duties and therefore, the case has been registered in Crime No.349 of 2011. The learned Additional Public Prosecutor further submitted that the petitioner is involved in 31 cases out of which 12 cases are pending trial and three cases are under investigation and he is accused of various offences namely, Section 302, 365, 392 and therefore, if the petitioner is released on bail, he would definitely abscond and it is not possible for the police to proceed further with the cases. https://hcservices.ecourts.gov.in/hcservices/ 4. It is seen from the list of cases submitted by the learned Additional Public Prosecutor that 31 cases were registered against the petitioner from 1999 to 2011 and in 10 cases, he was acquitted and in two cases he was convicted and others are pending trial or under investigation. Further, it is seen from the telegram alleged to have been issued by the mother of the petitioner that the petitioner was taken to police custody at 10 p.m. on 21.5.2011. 5. Having regard to the nature of allegations made in the F.I.R by the respondent police and having regard to the registration of earlier crime in 350 of 2011 and the crime No.350 of 2011 was registered at about 1 a.m. on the same day and there is no allegations in F.I.R. in crime No.349 of 2011 that the police officials attempted to arrest the petitioner who was the accused in Crime No.350 of 2011 and having regard to the fact that the petitioner is attending the courts for other cases and the other accused in Crime No.349 of 2011 was released on bail, I am inclined to grant bail to the petitioner on the following conditions. 6. Accordingly, the petitioner is ordered to be released on bail on 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, Valliyoor, and on further condition that the petitioner shall appear before the respondent police on every day at 5.30 p.m. until further orders for interrogation. sd/- 24/06/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE,VALLIYOOR. 2 -Do-Thro' THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 4 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI, TIRUNELVELI. 5 THE INSPECTOR OF POLICE, VALLIYOOR POLICE STATION, TIRUNELVELI DISTRICT. +2 CC to M/S. R.ANAND Advocate SR.Nos.20099 & 20101 akm/27.06.11 /2p-8c/ ORDER IN CRL OP(MD) Nos.6743 & 6774 of 2011 Date :24/06/2011 https://hcservices.ecourts.gov.in/hcservices/