Roy Jacob v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Seventeenth day of April Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.6634 of 2015 1 ROY JACOB 2 VISWANATHAN 3 SATHEESHKUMAR ... PETITIONERS / ACCUSED NOS.1 TO 3 Vs THE STATE REP.BY THE INSPECTOR OF POLICE, ASARIPALLAM POLICE STATION, NAGERCOIL, KANYAKUMARI DISTRICT.

CRIME NO.63/2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.K.SEEMARAJ, Advocate For Respondent : M/S.K.V.RAJARAJAN, Govt. Advocate (Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners are A1 to A3 and they were arrested on 10.03.2015 and remanded to judicial custody for the alleged offences punishable under sections 364(A), 294(B), 387, 506(ii) of IPC @ 323, 326 and 307 of IPC in Crime No.63 of 2015 on the file of the respondent police and hence, seek bail.

2.The case of the prosecution is that on 09.03.2015, the petitioners have kidnapped the husband of the de-facto complainant and also attacked him with iron rod and also demanded Rs.10 lakhs. 3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. He further submitted that the petitioners and the alleged victim are close friends and due to https://hcservices.ecourts.gov.in/hcservices/ business rivalry, they have been falsely implicated in this case and they have been in judicial custody since 10.03.2015.

4.The learned Government Advocate (Criminal side) appearing for the respondent submitted that the major portion of the investigation is over and the victim has been discharged from the hospital and the petitioners are not having any similar case of this nature. 5.Considering the facts and circumstances of the case and also considering the fact that the injured has been discharged from the hospital, this Court is inclined to grant bail to the petitioners with certain conditions.

6.Accordingly, the petitioners are ordered to be released on bail, on each of them 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, Nagercoil and on further condition that the petitioners shall appear before the respondent police daily at 10.00 a.m. until further orders.

sd/- 17/04/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I, NAGERCOIL.

2 -DO-THRO'THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMAR @ NAGERCOIL. 3 THE INSPECTOR OF POLICE, ASARIPALLAM POLICE STATION, NAGERCOIL, KANYAKUMARI DISTRICT.

4 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.K.SEEMARAJ, Advocate SR.No.19303. ORDER IN CRL OP(MD) No.6634 of 2015 Date :17/04/2015 msm 17.04.2015 p2/7c https://hcservices.ecourts.gov.in/hcservices/