Madras High CourtCRL OP(MD)/19848/2015disposed of

K. Muthukumar v. The Inspector Of Police

2015-10-15Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fifteenth day of October Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.19848 of 2015 K.MUTHUKUMAR ..PETITIONER/ACCUSED No.1 Vs.

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

CRIME NO. 300 OF 2015 ..RESPONDENT/COMPLAINANT For Petitioner : M/S C.CHRISTOPHER 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 arrayed as A1 in Crime No.300 of 2015 for the offences punishable under Sections 448, 294(b), 342, 323, 324, 427, 506 (ii) IPC r/w Section 4 of Prevention of Women Harassment Act r/w Section 3(i) of TNPPDL Act, 1995 on the file of the respondent Police, was arrested and remanded to judicial custody on 12.09.2015. He seeks bail. 2.The case of the prosecution is that the accused were drinking liquor near Amman Temple, which was reprimanded by the de facto complainant and therefore, on 11.09.2015 at 3.30 pm, the accused trespassed into the house of the de facto complainant and assaulted him and also abused in filthy language.

3.The learned counsel for the petitioner submitted that the petitioner was implicated in criminal cases and also detained under Act 14 of 1982 and after the detention order was set aside, at the instigation of the respondent a false complaint has been given against the petitioner.

4.The learned Government Advocate (Crl.side) appearing for the respondent submitted that the petitioner is arrayed as accused in 5 criminal cases and out of 5 criminal cases, two cases are filed under Section 302 IPC. It is further submitted that the petitioner is a History Sheetor and he is acting as a local Dhatha. 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 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, Boothapandy and on further condition that the petitioner shall reside at Asthampatty, Salem District and report before the Asthampatti Police Station, Salem District daily twice at 10.00 am and 5.00 pm for a period of 30 days and thereafter, report before the respondent Police daily at 10.00 am until further orders. sd/- 15/10/2015 / TRUE COPY / https://hcservices.ecourts.gov.in/hcservices/ Sub-Assistant Registrar (C.S.)

TO 1 THE JUDICIAL MAGISTRATE, BOOTHAPANDY, KANYAKUMARI DISTRICT. 2 -DO-THRO'THE CHIEF JUDICIAL MAGISTRATE,KANYAKUMARI AT NAGERCOIL. 3 THE ADDL.PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT,MADURAI. 4 THE INSPECTOR OF POLICE, BOOTHAPANDY POLICE STATION, KANYAKUMARI DISTRICT.

5 THE INSPECTOR OF POLICE, ASTHAMPATTI POLICE STATION, SALEM DISTIRCT. 6 THE OFFICER IN CHARGE, DISTRICT JAIL, NAGERCOIL. +1. CC to M/S C.CHRISTOPHER Advocate SR.No.61303 ORDER IN CRL OP(MD) No.19848 of 2015 Date :15/10/2015 PBK/NGM-SS/SAR-I 15/10/2015 ::2P-8C::

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