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Madras High CourtCRL OP(MD)/19262/2015allowed

Vinson v. The Insepector Of Police

2015-10-12Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twelfth day of October Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.19262 of 2015 VINSON ... PETITIONER/ACCUSED NO.1 Vs.

STATE REP.BY THE INSPECTOR OF POLICE THIRUVATTAR POLICE STATION, KANYAKUMARI DISTRICT.

CR. NO.563/2015 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.M.SURI Advocate For Respondent : MRS.S.PRABHA, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who is arrayed as the first accused in Crime No.563 of 2015 on the file of the respondent police, was arrested and remanded to judicial custody on 25.08.2015 for the alleged offences punishable under Sections 447, 294(b), 307, 323 and 506(ii) IPC and hence, seeks bail.

2.According to the defacto complainant on 24.08.2015 at 09.00 hours, the accused trespassed into the compound wall of the defacto complainant and demanded Rs.10,000/- for silt clearing at Perungulam and when it was refused, the first accused attacked him with arival and the accused 2 and 3 attacked them with wooden sticks. 3.The learned counsel for the petitioner submitted that the petitioner has been implicated in this case due to political vendetta and he has been judicial custody for more than 45 days and A2 and A3 were already granted bail.

4. Per contra, the learned Government Advocate submitted that the petitioner is a history sheeted and he is having three previous cases in Crime Nos.484 of 2002 and 172 of 2014 and 77 of https://hcservices.ecourts.gov.in/hcservices/ 2015. The respondent police has filed a detailed counter opposing the bail petition.

5.However, considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail on the following conditions. Accordingly, the petitioner is directed 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 Judicial Magistrate, Padmanabhapuram, Kanyakumari District and on further condition that the petitioner shall stay at Dindigul and report before the Dindigul Town Police Station daily twice at 10.00 a.m and 5.00 p.m until further orders. sd/- 12/10/2015 / TRUE COPY / Sub-Assistant Registrar TO 1 THE JUDICIAL MAGISTRATE, PADMANABHAPURAM, KANYAKUMARI DISTRICT.

2 -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE KANYAKUMARI AT NAGERCOIL.

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

4 THE INSPECTOR OF POLICE THIRUVATTAR POLICE STATION, KANYAKUMARI DISTRICT.

5 THE OFFICER-IN-CHARGE DISTRICT PRISON, NAGERCOIL.

6 THE INSPECTOR OF POLICE, DINDIGUL TOWN POLICE STATION, DINDIGUL.

+1. CC to M/S.M.SURI Advocate SR.No.60220 Akm/12.10.2015 /2p-8c/

ORDER

IN CRL OP(MD) No.19262 of 2015 Date :12/10/2015 https://hcservices.ecourts.gov.in/hcservices/