S. Satham Hussain @ Miyan v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Seventh day of December Two Thousand Eighteen PRESENT The Hon`ble Mr Justice B.PUGALENDHI CRL OP(MD) No.22852 of 2018 S. SATHAM HUSSAIN @ MIYAN ... PETITIONER / ACCUSED No.1 Vs STATE REPRESENTED BY ITS, THE INSPECTOR OF POLICE, MELAPALAYAM POLICE STATION, TIRUNELVELI DISTRICT.

(IN CRIME NO.185 OF 2018) ... RESPONDENT / COMPLAINANT For Petitioner : MR.I.SABEER MOHAMED Advocate For Respondent : MR.K.SUYAMBULINGA BHARATHI, Government Advocate(Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner is remanded to judicial custody in Crime No.185 of 2018, on the file of the respondent police for the offences punishable under Sections 147 and 120(b) I.P.C and Section 4 of TNPPDL Act and he seeks bail.

2.The case of the prosecution is that due to previous enmity, there was a dispute arose between two Jamaths at Melapalayam. On 07.06.2018 the petitioner along with other accused conspired together and unlawfully assembled and set fire on six Cars, standing in the Shop of the husband of the defacto complainant and caused damages to the tune of Rs.15,00,000/-.

3.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and in order to wreck vengeance against the opposition group, the petitioner has been falsely implicated in this case.

4. Heard the learned Government Advocate [Criminal Side] appearing for the respondent.

https://hcservices.ecourts.gov.in/hcservices/

5. Considering the facts and circumstances of the case, this

Court is inclined to grant bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail subject to the following conditions:

(i) the petitioner shall deposit a sum of Rs.20,000/- (Rupees Twenty Thousand Only) to the credit of Crime No.185 of 2018, before the learned Judicial Magistrate No.V, Tirunelveli. It is made clear that the bonafide offer made by the petitioner to deposit the amount would not amount to admitting the guilt.

(ii) the petitioner shall execute 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, Tirunelveli.

(ii)the petitioner shall appear before the respondent police daily at 10.30.am, until further orders.

sd/- 27/12/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE V, TIRUNELVELI.

2.DO THRO'THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3.THE INSPECTOR OF POLICE, MELAPALAYAM POLICE STATION, TIRUNELVELI DISTRICT.

4.THE SUPERINDENTENT, CENTRAL PRISON, PALAYAMKOTTAI.

5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to MR.I.SABEER MOHAMED Advocate SR.No.24051

ORDER

IN CRL OP(MD) No.22852 of 2018 Date :27/12/2018 AE/AC/SAR1/27.12.2018/2P/7C https://hcservices.ecourts.gov.in/hcservices/