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Madras High CourtCRL OP(MD)/17785/2015ordered

Pandi@Attack Pandi v. The Inspector Of Police

2015-09-21Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty First day of September Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.17785 of 2015 PANDI @ ATTACK PANDI ... PETITIONER / SOLE ACCUSED Vs THE STATE REP.BY THE INSPECTOR OF POLICE BODI NAGAR POLICE STATION, THENI DISTRICT.

(CRIME NO. 537 OF 2015) ... RESPONDENT / COMPLAINANT For Petitioner : M/S K.J.ASSOCIATES Advocate For Respondent : M/S.S.Prabha Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who is the sole accused, in Crime No.537 of 2015 on the file of the respondent police, was arrested and remanded to judicial custody on 11.08.2015 for the alleged offence punishable under Sections 294(b), 324 and 307 of I.P.C., and hence, seeks bail.

2. According to the prosecution, due to the dispute over taking water from the public tap, the petitioner attacked the de-facto complainant on 10.08.2015 and caused injuries.

3. The learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that he has been incarceration for more than 40 days.

4. The learned Government Advocate (Crl.side) vehemently opposed granting of bail to the petitioner contending that he is having 10 previous cases to his credit and if he is released on bail, he will commit the same offences in future also. It is further submitted that the respondent has completed the investigation and also laid charge sheet in this case on 15.09.2015 which is not taken on file by the trial Court.

5. Considering the facts and circumstances of the case, this Court is inclined to grant bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail on his 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 https://hcservices.ecourts.gov.in/hcservices/

Judicial Magistrate, Bodi, Theni and on further condition that the petitioner shall reside at Otanchatiram and report before the Town Police Station daily twice at 10.00 a.m. and 5.00 p.m. until further orders. sd/- 21/09/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, BODI.

2 DO THRO THE CHIEF JUDICIAL MAGISTRATE, THENI. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4 THE INSPECTOR OF POLICE, BODI NAGAR POLICE STATION, THENI DISTRICT. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 6 THE OFFICER INCHARGE, TOWN POLICE STATION, OTANCHATIRAM. +1. CC to M/S K.J.ASSOCIATES Advocate SR.No.55609. TS/21.09.2015/2P - 8C GSV-PM/SAR -I

ORDER

IN CRL OP(MD) No.17785 of 2015 Date :21/09/2015 https://hcservices.ecourts.gov.in/hcservices/