Radha v. The Sub Inspector Of Police

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.20035 of 2015 RADHA ... PETITIONER/SINGLE ACCUSED Vs THE STATE REP.BY THE SUB INSPECTOR OF POLICE BATLAGUNDU POLICE STATION, IN CRIME NO. 379 OF 2015 ... RESPONDENT/ COMPLAINANT For Petitioner : M/S E.R.GURUBALACHANDRAN Advocate For Respondent : M/S.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 the sole accused, in Crime No.379 of 2015 on the file of the respondent police, was arrested on 01.10.2015 for the alleged offences punishable under Sections 379 of I.P.C., r/w. Sections 294(b), 353 and 506(ii) of I.P.C., and Section 5 of Tamil Nadu Prevention of Public Properties (Damages and Loss) Act and hence, seeks bail.

2. The case of the prosecution is that on 28.09.2015 at 5.30 p.m., when the de-facto complainant, Sub Inspector of Police attached to Batlagundu Police Station was in a routine vehicle check up, the accused refused to give the document for his two wheeler and also abused him in filthy language and attacked the Transport Corporation bus with an iron rod.

3. The learned counsel for the petitioner submitted that on the date of occurrence, there was a scuffle between the petitioner and the de-facto complainant in which the petitioner was assaulted by the de-facto complainant. So he was taking treatment in hospital and on the basis of the false complaint, the petitioner was arrested from the hospital.

4. The learned Government Advocate (Crl.side) submitted that the damage caused to the bus is not mentioned in the F.I.R. and the petitioner has no bad antecedent.

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5. Considering the facts, 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) each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Nilakottai, Dindigul District and on further condition that the petitioner shall report before the respondent police daily at 10.00 a.m. for a period of one week and thereafter as and when required.

sd/- 15/10/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, NILAKOTTAI, DINDIGUL DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE DINDIGUL.

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

4 THE SUB INSPECTOR OF POLICE BATLAGUNDU POLICE STATION.

5. THE OFFICER INCHARGE, DISTRICT PRISON, DINDIGUL.

+1. CC to M/S E.R.GURUBALACHANDRAN Advocate SR.No.61473

ORDER

IN CRL OP(MD) No.20035 of 2015 Date :15/10/2015 rg.15.10.2015/DP/SAR-I 2P/7C.

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