Ezhil v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Sixth day of April Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.6169 of 2015 EZHIL ... PETITIONER/ACCUSED NO.6 Vs STATE REP BY THE INSPECTOR OF POLICE MARTHANDAM POLICE STATION, KANYAKUMARI DT, CRIME NO.92/2015 ... RESPONDENT/COMPLAINANT For Petitioner : M/S. T. LAJAPATHI ROY Advocate For Respondent : MR.K.V.RAJARAJAN, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner is the accused No.6 and he was arrested and remanded to judicial custody on 19.02.2015 for the alleged offences punishable under Sections 120(b), 147, 148, 447, 341, 451, 294(b), 506(ii), 427, 395, 398 of IPC and under Section 4 of Women Harassment Act 2002, in Crime No.113 of 2015 on the file of the respondent police and hence, seeks bail.

2. The case of the prosecution is that on 18.02.2015 at about 2.30 p.m. at the instigation of accused Nos.4 and 5, the other accused trespassed into the house of the de-facto complainant with deadly weapons and attacked the de-facto complainant and also damaged the articles.

3. The learned counsel appearing for the petitioner submitted that the de-facto complainant is the wife of the accused No.3 and the daughter-in-law of the accused No.2. Due to matrimonial dispute, a civil case in O.S.No.51 of 2015 is pending. He further submitted that the petitioner's name does not find a place in the First Information Report and he further submitted that the similarly placed persons were already granted bail by this Court in Crl.O.P (MD)No.4030 of 2015.

4. The learned Government Advocate (Criminal side) appearing for the respondent submitted that the other accused are still at large and the investigation is at the initial stage. https://hcservices.ecourts.gov.in/hcservices/

5. Considering the facts and circumstances of the case and also considering the fact that the petitioner is in jail since 19.02.2015, this Court is inclined to grant bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail on executing a personal 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.I, Kuzhithurai, and on further condition that the petitioner shall report before the respondent police daily at 10.00 a.m. and 5.00 p.m until further orders.

sd/- 06/04/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, NO.I, KUZHITHURAI 2 -DO-THRO' THE CHIEF JUDICIAL MAGISTRATE KANYAKUMARI AT NAGERCOIL 3 THE INSPECTOR OF POLICE MARTHANDAM POLICE STATION, KANYAKUMARI DT, 4 THE OFFICER-IN-CHARGE, SUB-JAIL, NAGERCOIL, KANYAKUMARI DISTRICT 5 THE ADDL.PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S. T. LAJAPATHI ROY Advocate SR.No.17169

ORDER

IN CRL OP(MD) No.6169 of 2015 Date :06/04/2015 NA/07/04/2015/P2/7C https://hcservices.ecourts.gov.in/hcservices/