Kumar @ Pasupathi Kumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Eleventh day of December Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) Nos.23488 and 23489 of 2015 KUMAR @ PASUPATHI KUMAR ... PETITIONER/ACCUSED NO.1 in Both the Petitions Vs.

STATE REP.BY ITS THE INSPECTOR OF POLICE SHENCOTTAH POLICE STATION, TIRUNELVELI DISTRICT.

CR NOS.234 AND 235 OF 2015 RESPECTIVELY. ..RESPONDENT/COMPLAINANT in Both the Petitions For Petitioner in Both the Petitions : M/S.M.SARAVANAN Advocate For Respondent in Both the Petitions : MR.K.ANBARASAN, 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 accused, in Crime Nos.234 and 235 of 2015 on the file of the respondent police, was arrested and remanded to judicial custody on 12.10.2015 for the alleged offences punishable under Sections 294(b) and 307 of IPC and hence, seeks bail.

2. The case of the prosecution is that due to wordy quarrel, the petitioner abused the defacto complainant in filthy language and attempted to threat the life of the complainant, thereby committed offence as stated above.

3. The learned counsel appearing for the petitioner submitted that due to previous motive, a false case has been foisted against the petitioner and that the petitioner is an innocent person and he has not committed any offence. He further submitted that the earlier https://hcservices.ecourts.gov.in/hcservices/ petitions viz., Crl.O.P(MD).No.21181 and 21190 of 2015, filed by the

petitioner was dismissed by this Court on 06.11.2015, on the ground that already nine cases are pending against the petitioner.

4. The learned Government Advocate (Crl. Side) submitted that the investigation is pending against the petitioner.

5. Considering the facts and circumstances of the case and also considering the fact that the petitioner is in judicial custody form 12.10.2015, 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 (in each crime number) to the satisfaction of the learned Judicial Magistrate, Shencottah and on further condition that the petitioner shall appear before the respondent Police daily at 10.00 am until further orders.

sd/- 11/12/2015 / TRUE COPY / Sub-Assistant Registrar TO 1 THE JUDICIAL MAGISTRATE, SHENCOTTAH.

2 -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI DISTRICT.

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

4 THE INSPECTOR OF POLICE SHENCOTTAH POLICE STATION, TIRUNELVELI DISTRICT.

5. THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI. +2CC to M/S M.SARAVANAN Advocate SR.Nos.70992 and 70993 Akm/11.12.2015/2p-8c/SKN/SK/SAR-II

ORDER

IN CRL OP(MD)Nos.23488 and 23489 of 2015 Date :11/12/2015 https://hcservices.ecourts.gov.in/hcservices/