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Judgment
The appellants filed these appeals to enlarge them in connection with the case in Crime No.269 of 2017 on the file of the respondent police.
The case of the prosecution is that the de-facto complainant viz., Madurai Veeran has given a complaint before the respondent police alleging
that the relatives of the de-facto complainant namely, Savithri and Suganya Bharathi, went to the bazaar and at that time, A1 abusing and mocking
the de-facto complainant and the same was questioned by him and at that time, the accused were attacked the de-facto complainant. Therefore, a
case was registered against the appellants in Crime No.269 of 2017 for the offence under Sections 147, 148, 294(b), 323, 324, 355 and 506(ii)
IPC and Section 4 of Prohibition of Harassment of Women Act, 2002 and Section 3(1)(x) of SC/ST Prevention of Atrocities Act, 1989.
The learned counsel appearing for the appellants submitted that the appellants were arrested and remanded to judicial custody from 18.09.2017
and thereafter, the appellants were moved bail application before the learned Principal District and Sessions Court, Ramanathapuram and the same
was dismissed on 22.09.2017 on the ground that there are totally 8 accused in this case and the petitioners are arrayed as A2, A3 and A5 and the
investigation is at the initial stage and therefore, the learned Principal District and Sessions Judge, Ramanathapuram dismissed the appellants'' bail
application. Challenging the said order, the appellants filed the present application.
The learned Additional Public Prosecutor appearing for the respondent, on instructions, would submit that the appellants are arrayed as A2, A3
and a5 in this case and he was arrested and remanded to judicial custody from 18.09.2017 and the investigation is still pending. He further
submitted that the injured had been discharged from the hospital.
Considering the above facts and circumstances of the case and also considering the period of incarceration of the appellants and the injured had
been discharged from the hospital, this Court is inclined to allow the appeals and grant bail to the appellants.
Accordingly the Criminal appeals are allowed and the appellants are ordered to be enlarged on bail subject to the following conditions:-
(i) The appellants shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like
sum to the satisfaction of the learned Principal District and Sessions Judge, Ramanathapuram.
(i) the appellants shall appear before the respondent Police daily twice at 10.30 a.m. and 05.30 p.m., until further orders.