Sathish Kumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Sixteenth day of December Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.23898 of 2015 1 SATHISH KUMAR 2 BALA @ BALAMURUGAN ..PETITIONERS/ACCUSED 2 & 4 Vs.

STATE REP.BY THE INSPECTOR OF POLICE PATTUKOTTAI POLICE STATION, THANJAVUR DISTRICT.

(CRIME NO.536/2015) ..RESPONDENT/COMPLAINANT For Petitioner : M/S VEERA KATHIRAVAN Advocate For Respondent : Mr.K.ANBARASAN, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner/accused Nos.2 & 4, who were arrested and remanded to judicial custody on 05.12.2015 for the alleged offences punishable under Sections 147, 148, 341, 294(b) and 307 of the Indian Penal Code read with Section 3(1) of TNPPDL Act in Crime No.536 of 2015 on the file of the respondent police and hence, seek bail.

2. The case of the prosecution is that the first petitioner attacked the defacto complainant with an aruval and caused injury and the second petitioner attacked him with a stick and hit his two wheeler and caused damages to the tune of Rs.3,000/-.

3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case.

4. The learned Government Advocate (Crl. Side) on instructions submitted that the injured has been discharged from the hospital and the second petitioner is a history sheeted rowdy and he is having 10 previous cases.

5. Considering the facts and circumstances of the case and also considering the fact that the injured had already been discharged from the hospital, this Court is inclined to grant bail to the first petitioner with certain conditions. Accordingly, the first 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, Pattukottai and on further condition that the first petitioner shall appear before the respondent police daily at 10.00 a.m., until further orders. https://hcservices.ecourts.gov.in/hcservices/

6. Considering the fact that the second petitioner is a history sheeted rowdy and he is also having 10 previous cases, this Court is not inclined to grant bail to the second petitioner and this Criminal Original Petition is dismissed in respect of the second petitioner. sd/- 16/12/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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

5 THE OFFICER INCHARGE, SUB JAIL, PATTUKOTTAI. +1. CC to M/S VEERA KATHIRAVAN Advocate SR.No.71934 ORDER IN CRL OP(MD) No.23898 of 2015 Date :16/12/2015 PBK/SK-SKN/SAR-II 16/12/2015 ::2P-7C::

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