M. Kathiresan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Ninth day of April Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.6212 of 2015 M. KATHIRESAN ... PETITIONER/ACCUSED NO.7 Vs STATE REP BY THE INSPECTOR OF POLICE KOVILPATTI WEST POLICE STATION, THOOTHUKUDI, CRIME NO.228/2015 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.G.THALAIMUTHARASU 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 A7 and he was arrested and remanded to judicial custody on 19.03.2015 for the alleged offences punishable under sections 341, 294(B), 324, 307, 506(ii) of IPC and section 3 of TNPPDL Act, in Crime No.228 of 2015 on the file of the respondent police and hence, seeks bail.

2.The case of the prosecution is that on 17.03.2015 at about 09.00 p.m., the petitioner along with the other accused persons stopped a private bus and broken the front glass of the bus and when the same was questioned by the de-facto complainant, who is driver of the bus, the accused persons abused him with filthy language and assaulted and also threatened him with dare consequences. 3.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He further submitted that some of the coaccused were granted bail by this court in Crl.O.P(MD)Nos.6427 and 6428 of 2015, dated 08.04.2015.

4.The learned Government Advocate (Criminal side) appearing for the respondent submitted that major portion of the investigation is over and the damage caused by the accused persons is estimated at Rs.30,000/-.

5.Considering the facts and circumstances of the case and also considering the fact that some of the co-accused were granted bail https://hcservices.ecourts.gov.in/hcservices/

by this court, 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 his 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.II, Kovilpatti and on further condition that petitioner shall deposit a sum of Rs.2,000/- [Rupees Two thousand only] to the credit of Crime No.228 of 2015 and on further condition that the petitioner shall appear before the respondent police daily at 10.00 a.m. until further orders.

sd/- 09/04/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, NO.II, KOVILPATTI 2 -DO-THRO'THE JUDICIAL MAGISTRATE, TUTICORIN DISTRICT 3 THE OFFICER-IN-CHARGE, SUB-JAIL, KOVILPATTI 4 THE INSPECTOR OF POLICE KOVILPATTI WEST POLICE STATION, THOOTHUKUDI, 5 THE ADDL.PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.G.THALAIMUTHARASU Advocate SR.No.17956

ORDER

IN CRL OP(MD) No.6212 of 2015 Date :09/04/2015 NA/09/04/2015/P2/7C https://hcservices.ecourts.gov.in/hcservices/