1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Eighth day of September Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.13124 of 2011 1 JOTHEESWARAN 2 MUTHUSAMY 3 KARUPPASAMY 4 BALASUBRAMANI ... PETITIONERS/ACCUSED 1 TO 4 Vs THE STATE REP.BY THE SUB-INSPECTOR OF POLICE KALLIMANDAYAM POLICE STATION, OTTANCHATHIRAM TALUK,DINDIGUL DISTRICT, CRIME NO.235/2011 ... RESPONDENT/COMPLAINANT For Petitioner : M/S. VEERA KATHIRAVAN Advocate For Respondent : MR.A.RAMAR, Addl.Public Prosecutor ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C. ORDER : The Court Made the following order :- The petitioners are arrayed as A1 to A4 and they were arrested and remanded to judicial custody on 25.09.2011 for the alleged offence punishable under Sections 147, 148, 324, 427, 506(ii) I.P.C. and Section 3(1) of Tamil Nadu Property (Prevention of Damage and Loss) Act 1992, in Crime No.235 of 2011 on the file of the respondent police and hence, seek bail. 2. The learned counsel for the petitioner would submit that the occurrence has been taken place on 24.09.2011 at 10.00 p.m. and the complaint has been given on the very next day morning against the named accused A1 to A4 and 50 others and the petitioners were arrested on the very next day morning i.e., on 25.09.2011. He would further submit that none is injured in this case and because of the local body election, the petitioners' presence is very much necessary and hence, he prayed for enlarging the petitioners on bail. 3. Repudiating the same, the learned Additional Public Prosecutor would submit that the occurrence has been taken place on 24.01.2011 at 10.00 a.m. and the complaint has been given on the very next day against https://hcservices.ecourts.gov.in/hcservices/ 2 six named persons and 50 others and the allegation against the petitioners is that they damaged the car bearing registration No.TMR 7989 and motor cycles bearing registration Nos.57 Y 9676 and TN 57 U 6987 and portraits of Ex.C.M M.G.R. and the present C.M. and the damages is worth about Rs.3 lakhs and the injures person is yet to be discharged and hence, he prays for the dismissal of the application. 4. I have considered the rival submissions made on either side and perused the materials available on record. 5. Perusal of the F.I.R. would show that the alleged occurrence has been taken place on 24.09.2011 at 23.30 hours and the complaint has been given on 25.09.2011 at 1.30 hours and one Sivasamy has been given the complaint. In the complaint, it was stated that the defacto complainant is belong to A.I.A.D.M.K. and on the date of occurrence, after hearing the noise, he came out of the house and witnessed that the petitioner and other 50 persons were standing there and the car bearing registration No.TMR 7989 and motor cycles bearing Registration Nos.TN 57 Y 9676 and TN 57 U 6987 damaged and the damage is worth about Rs.3 laksh. But, in the latter part of the F.I.R., it was stated that he was assaulted by them. Admittedly, the copy of Accident Register has not been produced and the defacto complainant has not sustained any injury and even he has not been sent by police people along with the medical memo, which creates suspicious in the minds of the Court as to whether the informant has sustained injury. 6. In such circumstances, I am inclined to grant bail to the petitioners with certain conditions. Accordingly, the petitioners/A1 to A4 are ordered to be released on bail, subject to the following stringent conditions: (i) The petitioners/A1 to A4 shall deposit a sum of Rs.75,000/- (Rupees Seventy Five thousand only) each to the credit of Crime No. 235 of 2011 before the learned Judicial Magistrate, Oddanchatram; (ii) On such deposit, they shall execute a separate 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, Oddanchathram,and https://hcservices.ecourts.gov.in/hcservices/ 3 (iii) The petitioners shall appear before the learned Judicial Magistrate, Oddanchathram, daily morning 10.30 a.m. until further orders. sd/- 28/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1 THE JUDICIAL MAGISTRATE, ODDANCHATRAM. 2 DO-THRO' THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL. 3 THE SUB INSPECTOR OF POLICE, KALLIMANDAYAM POLICE STATION, OTTANCHATHIRAM TALUK,DINDIGUL DISTRICT. 4 THE OFFICER INCHARGE, SUB JAIL,DINDIGUL. 5 THE PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/S. VEERA KATHIRAVAN Advocate SR.No.33714 ORDER IN CRL OP(MD) No.13124 of 2011 Date :28/09/2011 PA/28.09.2011/3P/7C https://hcservices.ecourts.gov.in/hcservices/