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Madras High CourtCRL OP(MD)/24836/2015ordered

Madasamy @ Ajay Madasamy v. The Inspector Of Police

2016-01-04Honourable Ms.Justice V.M.Velumani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Fourth day of January Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.24836 of 2015 MADASAMY @ AJAY MADASAMY ... PETITIONER/ACCUSED Vs.

STATE REP.BY THE INSPECTOR OF POLICE THALAIMUTHU NAGAR POLICE STATION, TUTICORIN DISTRICT.

CR.NO.654/2015 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.N.ANANDHAKUMAR Advocate For Respondent : MR.P.KANNITHEVAN, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner/sole accused, who was arrested and remanded to judicial custody on 28.10.2015 for the alleged offences punishable under Sections 341, 294(b), 387, 307 and 506(ii) of IPC, in Crime No.654 of 2015 on the file of the respondent police and hence, seeks bail.

2.The case of the prosecution is that on 28.10.2015 the petitioner abused the defacto complainant with filthy language and attempted to extort money from the defacto complainant and tried to assault him with intention to kill the defacto complainant. Therefore, the case has been registered for the above said offences. 3.The learned counsel for the petitioner submitted that the petitioner is innocent person and he has not committed any offence as alleged by the prosecution and no one sustained injury in the alleged occurrence.

4.The learned Government Advocate (Crl.side) submitted that the petitioner is having 6 previous cases in Cr.No.2 of 2009, Cr.No.216 of 2012, Cr.No.483 of 2014, Cr.N.154 of 2015, Cr.No.417 of 2015 and Cr.No.428 of 2015.

https://hcservices.ecourts.gov.in/hcservices/ 5.Considering the nature of offence alleged against the petitioner and also the contention of the learned counsel for the

petitioner that no one sustained injury in the alleged occurrence and he is in judicial custody from 28.10.2015, this Court is inclined to grant bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail on 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.II, Tuticorin and on further condition that the petitioner shall appear before the respondent police daily twice at 10.00 a.m., and 5.00 p.m., until further orders. sd/- 04/01/2016 / TRUE COPY / Sub-Assistant Registrar TO 1 THE JUDICIAL MAGISTRATE NO.II TUTICORIN.

2 -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN.

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

4 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI, TIRUNELVELI DISTRICT. 5 THE INSPECTOR OF POLICE THALAIMUTHU NAGAR POLICE STATION, TUTICORIN DISTRICT. +1. CC to M/S N.ANANDHAKUMAR Advocate SR.No.180 akm/04.01.2016/2p-7c/GSV/AN/SAR-I

ORDER

IN CRL OP(MD) No.24836 of 2015 Date :04/01/2016 https://hcservices.ecourts.gov.in/hcservices/