Alwin v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Sixteenth day of October Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.20213 of 2015 1 ALWIN 2 VIJAY ... PETITIONER(S) / ACCUSED 2 & 3 Vs THE STATE REP.BY THE INSPECTOR OF POLICE SUCHINDRAM POLICE STATION, KANYAKUMARI DISTRICT.

(IN CRIME NO. 669/2015) ... RESPONDENT / COMPLAINANT For Petitioner : M/S L.GEORGE PAUL ANTO 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 petitioners, who are arrayed as the accused No.2 and 3, in Crime No.669 of 2015, on the file of the respondent police, was arrested and remanded to judicial custody on 22.09.2015, for the alleged offences punishable under Sections 147, 148, 341, 294(b), 506(ii) and 307 of I.P.C., and hence, seeks bail.

2.The case of the prosecution is that on 21.09.2015 at 5.00 p.m. When the defacto complainant was proceding from Kanyakumari in a Tempo Van and the accused waylaid the defacto complainant and attacked with deadly weapons.

3.The learned counsel for the Petitioners submitted that the defacto complainant has not sustained any injury and the Petitioners have been falsely implicated in this case.

4.The learned Government Advocate(Crl.side) submitted that one previous case for the offence under Section 302 IPC is against the Petitioners and the defacto complainant has sustained only simple injury. 5.The learned counsel for the Petitioners further submitted that in Section 302 case, the deceased is the son of the retired Inspector of Police and therefore the Petitioners have been falsely implicated in this case.

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6.Considering the facts and circumstances of the case, this Court is inclined to grant bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released on bail on their 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 No.III, Nagercoil, Kanyakumari District and on further condition that the petitioners shall report before the respondent Police daily at 10.00 a.m for a period of two weeks and thereafter as and when required for interrogation.

sd/- 16/10/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, NO.III, NAGERCOIL. 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, SUCHINDRAM POLICE STATION, KANYAKUMARI DISTRICT.

5 THE OFFICER INCHARGE, DISTRICT JAIL, AT NAGERCOIL. +1. CC to M/S L.GEORGE PAUL ANTO Advocate SR.No.61891. TS/16.10.2015/2P - 7C SK-SKN/SAR -II

ORDER

IN CRL OP(MD) No.20213 of 2015 Date :16/10/2015 https://hcservices.ecourts.gov.in/hcservices/