Arul v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Eighth day of August Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.16699 of 2015 1 ARUL 2 ALBINDHAS ... PETITIONER(S) / ACCUSED 4 & 10 Vs THE STATE REP.BY THE INSPECTOR OF POLICE PUDHUKADAI POLICE STATION, KANYAKUMARI DISTRICT.
(CRIME NO. 378/2015) ... RESPONDENT / COMPLAINANT For Petitioner : M/S S.C.HEROLD SINGH Advocate For Respondent : M/S.S.Prabha Government Advocate (Crl.Side) For Intervenor : M/S.R.Manimaran Advocate PETITION FOR BAIL Under Sec. 439 Cr.P.C.
ORDER : The Court Made the following order :- The petitioners, who are arrayed as A4 and A10 in Crime No.378 of 2015 on the file of the respondent police, were arrested and remanded to judicial custody on 17.08.2015, for the alleged offences punishable under Sections 147, 148, 294(b),323,324,307,427 of IPC and Section 4 of TNPWH Act and hence, seek bail.
2. The case of the prosecution is that due to previous enmity the accused 1 and 2 attacked the de facto complainant with wooden lock and iron rod and caused injuries, while the petitioners caught hold of the de facto complainant. It is further alleged that the accused have damaged the property of the de facto complainant worth of Rs.25,000/-.
3. The learned counsel for the petitioners submitted that the accused 1 and 2 have already been arrested and remanded to judicial custody. Due to political enmity false complaint has been given by the de facto complainant.
4. The learned counsel for the de facto complainant submitted that the petitioners are having previous cases and the de facto complainant has life threat from the accused.
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5. The learned Government Advocate (Crl.side) vehemently opposed to grant bail to the petitioners.
6. Considering the overt act attributed against these petitioners, this Court is inclined to grant bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released on bail on each of them 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, Kulithurai and on further condition that the petitioners shall stay at Tuticorin and report before the Muthiahpuram Police Station daily at 10.00 a.m until further orders. sd/- 28/08/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, KULITHURAI.
2 THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI AT NAGERCOIL. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4 THE INSPECTOR OF POLICE PUDHUKADAI POLICE STATION, KANYAKUMARI DISTRICT.
5 THE OFFICER INCHARGE, MUTHIAHPURAM POLICE STATION, TUTICORIN DISTRICT. 6 THE OFFICER INCHARGE, DISTRICT JAIL, KANYAKUMARI DISTRICT. +1. CC to M/S S.C.HEROLD SINGH Advocate SR.No.49668. +1cc to M/S..R.Manimaran, Advocate in SR.No 50454 TS/28.08.2015/2P - 9C AMF/SAR -II
ORDER
IN CRL OP(MD) No.16699 of 2015 Date :28/08/2015 https://hcservices.ecourts.gov.in/hcservices/