R.Minor, v. The Sub-Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Eleventh day of October Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.13751 of 2017 R.MINOR ... PETITIONER / ACCUSED NO.1 Vs THE STATE REP.BY, THE SUB-INSPECTOR OF POLICE, SIVAGIRI POLICE STATION, IN CR.NO.232 OF 2017, TIRUNELVELI DISTRICT. ... RESPONDENT / COMPLAINANT For Petitioner : M/S.M.MEENAL PANDIAN Advocate For Respondent : MR.K.ANBARASAN Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.
ORDER : The Court Made the following order :- The petitioner, who is arrayed as A1, was arrested and remanded to judicial custody on 12.09.2017 for the alleged offences punishable under Sections 294(b), 323 and 506(i) of IPC., in Crime No.232 of 2017, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the petitioner along with his concubine/A2 attacked the de-facto complainant, who is none other than the wife of the petitioner. Aggrieved by the same, she filed a complaint against the petitioner before the respondent police.
3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submitted that A2 was already arrested and released on bail by the lower Court and the petitioner/A1 is in judicial custody from 12.09.2017 and hence, he prays for bail in favour of the petitioner.
4.The learned Government Advocate (Criminal side) appearing for the State submitted that the injured was discharged from the hospital and the co-accused/A2 was already arrested and released on bail by the lower Court.
https://hcservices.ecourts.gov.in/hcservices/ 5.Considering the facts and circumstances of the case and also considering the submission made by the learned Government Advocate
(Crl. Side) that the injured was discharged from the hospital, I am inclined to grant bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail, subject to the following conditions:
(i) the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees twenty five thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Sivagiri, Tirunelveli District;
(ii) the petitioner shall report before the investigation officer, daily at 10.00 a.m., for a period of two weeks and thereafter as and when required for interrogation;
(iii) the petitioner shall not tamper with evidence or witness either during investigation or trial.
(iv) the petitioner shall make himself available for interrogation including custodial interrogation as and when required by the investigation officer;
(v) the petitioner shall not commit any offence while on bail;
(vi) On breach of any of the aforesaid conditions, the petition for anticipatory bail stands dismissed.
sd/- 11/10/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, SIVAGIRI, TIRUNELVELI DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT. 3 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI, TIRUNELVELI DISTRICT. 4 THE SUB-INSPECTOR OF POLICE, SIVAGIRI POLICE STATION, TIRUNELVELI DISTRICT. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.M.MEENAL PANDIAN Advocate SR.No.32568
ORDER
IN CRL OP(MD) No.13751 of 2017 Date :11/10/2017 https://hcservices.ecourts.gov.in/hcservices/ MKV-CM-MSA-SAR 3/11.10.2017/2P-7C