Madras High CourtCRL OP(MD)/2019/2020partly allowed

Ajay v. The Inspector Of Police

2020-02-11Honourable Mr Justice G.R.Swaminathan2 pages

CRL OP(MD). No.2019 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/02/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.2019 of 2020 1.Ajay, 2.Prabha @ Prabin, ... Petitioners/Accused No.1&2 Vs The State rep by The Inspector of Police, Eraniel Police Station, Kanyakumari District , (Cr.No.36 of 2020).

... Respondent/Complainant For Petitioners : M/s.N.Dilip Kumar, Advocate.

For Respondent : Mrs.M.Ananthadevi, Government Advocate (Crl.Side) For Intervener : Mr.K.Rasatheesh Kumar For Ms/.Isaac Chambers PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.36 of 2020 on the file of the Respondent Police.

ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioners, the learned counsel appearing for the intervener and the learned Government Advocate(Crl. Side) appearing for the respondent.

2. This criminal original petition was filed by A1 and A2. The petitioner/A1 is custody since 23.01.2020 for the offences under Sections 294(b), 307, 341 and 506(ii) of I.P.C. in Crime No.36 of 2020 on the file of the respondent police. Hence, he seeks bail. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.2019 of 2020

3. The case came up for hearing last week and after considering the materials on record, this Court granted bail to A2/Prabha @ Prabin. The case was adjourned to enable the respondent to get instructions regarding the present condition of the victim namely., Kingsley Moses.

4. Today when the matter was taken up for hearing, the learned Government Advocate (Crl. Side) produced the treatment certificate which indicates that the victim is still undergoing treatment in the hospital. Inasmuch as the victim has not been discharged from the hospital, I am not inclined to grant bail to the first petitioner/Ajay. This criminal original petition stands dismissed as far as the first petitioner is concerned for the present. sd/- 11/02/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE OFFICER INCHARGE, DISTRICT JAIL, NAGERCOIL.

2 THE INSPECTOR OF POLICE, ERANIEL POLICE STATION, KANYAKUMARI DISTRICT THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to MR.N.DILIP KUMAR Advocate SR.No.2826 +1 cc to MR.THAYUMANASAMY , Advocate SR.No.2699

ORDER

IN CRL OP(MD) No.2019 of 2020 Date :11/02/2020 KM/(14.02.2020) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2