Sivalingam v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Seventeenth day of September Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.16486 of 2018 SIVALINGAM ... PETITIONER / ACCUSED NO.9 Vs STATE REP. BY THE INSPECTOR OF POLIC, SOMARASAMPETTAI POLICE STATION, TRICHY DISTRICT.

(CR NO.126 OF 2018) ... RESPONDENT / COMPLAINANT For Petitioner : MR.K.M.KARUNAKARAN Advocate For Respondent : MR.V.NEELAKANDAN, Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner is in judicial custody since 31.07.2018 for the offences punishable under Sections 147, 148, 294(b), 324, 307 of I.P.C and 3(1) of TNPPDL Act, in Crime No.126 of 2018, on the file of the respondent police. He seeks bail.

2.The case of the prosecution is that on 29.07.2018, the petitioner along with other accused persons have entered into the defact complainant's house and abused him. They also assaulted the defacto complainant and caused head injury and damaged the house of the deafcto complainant's relatives.

3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution. Based on the confession statement given by the co-accused, he was remanded. He prays for grant of bail to the petitioner.

4.The learned Additional Public Prosecutor appearing for the respondent would submit that the injured has been discharged from the hospital.

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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 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, Trichy.

(ii)the petitioner shall appear before the respondent police as and when required for interrogation.

sd/- 17/09/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.V, TRICHY.

2 -DO- THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY.

3 THE INSPECTOR OF POLICE, SOMARASAMPETTAI POLICE STATION, TRICHY DISTRICT.

4 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.

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

+1. CC to M/S.K.M.KARUNAKARAN Advocate SR.No. 17622

ORDER

IN CRL OP(MD) No.16486 of 2018 Date :17/09/2018 https://hcservices.ecourts.gov.in/hcservices/ JM/MMS/SAR 1/17.09.2018/2P/7C