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Madras High CourtCRL OP(MD)/12872/2015allowed

Santhosh @ Santhoshkumar v. The Inspector Of Police

2015-07-14Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fourteenth day of July Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.12872 of 2015 1 SANTHOSH @ SANTHOSHKUMAR 2 KALI @ KALIMUTHU ... PETITIONER(S) / ACCUSED 1 & 2 Vs THE STATE REP.BY THE INSPECTOR OF POLICE KARUR TOWN POLICE STATION, KARUR DISTRICT , CRIME NO.216/2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.S.RAVI Advocate For Respondent : M/S.K.V.RAJARAJAN Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners, who are arrayed as A1 and A2 in Crime No.216 of 2015 on the file of the respondent Police were arrested on 13.04.2015 for the offences punishable under Sections 307 IPC, seek bail. 2.According to the prosecution, the accused attacked the de facto complainant and caused injury.

3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case and it is further submitted that they have been in judicial custody for more than 91 days and so far the respondent has not filed charge sheet and therefore, they are entitled for bail under Section 167

(2) Cr.P.C.

4.The learned Government Advocate (Crl.side) appearing for the respondent Police vehemently opposed granting bail to the petitioners and submitted that the first petitioner is having 11 previous cases and the second petitioner has no bad antecedent and it is further submitted that the respondent Police has not filed charge sheet in this case so far. 5.Considering the fact, this Court is inclined to grant bail to the petitioners with certain conditions. Accordingly, the petitioners are 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 No.I, Karur, and on further condition that the petitioners shall appear before the respondent Police daily twice at 10.00 a.m., and 5.00 p.m., until further orders.

sd/- 14/07/2015 https://hcservices.ecourts.gov.in/hcservices/ / TRUE COPY / Sub-Assistant Registrar (C.S.)

TO 1 THE JUDICIAL MAGISTRATE, NO.I, KARUR.

2 DO THRO THE CHIEF JUDICIAL MAGISTRATE, KARUR. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4 THE INSPECTOR OF POLICE KARUR TOWN POLICE STATION, KARUR DISTRICT.

5 THE SUPERINTENDENT,CENTRAL PRISON, TRICHY. +1. CC to M/S.S.RAVI Advocate SR.No.38495.

TS/ 16.07.2015/2P - 7C

ORDER

IN CRL OP(MD) No.12872 of 2015 Date :14/07/2015 https://hcservices.ecourts.gov.in/hcservices/