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Madras High CourtCRL OP(MD)/14140/2017granted

Madasamy v. The Inspector Of Police

2017-10-23Honourable Mr Justice M.Dhandapani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Third day of October Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.14140 of 2017 MADASAMY ... PETITIONER / SOLE ACCUSED Vs STATE REP.BY THE INSPECTOR OF POLICE PUDUKOTTAI POLICE STATION, TUTICORIN DISTRICT.

CRIME NO.381/2017 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.M.JEGADEESH PANDIAN Advocate For Respondent : M/S.K.ANBARASAN, Government 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 25.09.2017 for the alleged offences punishable under Sections 460, 294(b) and 307 of IPC., and Section 4 of TNPHW Act, in Crime No.381 of 2017, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that due to family problem, the petitioner attacked the defacto complainant and his mother and caused injuries and thereby they were admitted in the hospital. On complaint, case has been registered for the above said offences. 3.The case of the petitioner is that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Moreover, there is no specific allegation against the petitioner.

4.The learned Government Advocate (Criminal side) appearing for the respondent submitted that the injured person also discharged from the hospital.

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 has already been 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: https://hcservices.ecourts.gov.in/hcservices/

(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 No.I, Tuticorin;

(ii) the petitioner shall report before the investigation officer, daily between 10.00 a.m. to 11.00 a.m., for a period of two weeks;

(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 bail stands dismissed.

sd/- 23/10/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE NO.I, TUTICORIN.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN.

3. THE OFFICER INCHARGE, DISTRICT PRISON, PEROORANI, TUTICORIN DISTRICT.

4. THE INSPECTOR OF POLICE PUDUKOTTAI POLICE STATION, TUTICORIN DISTRICT.

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

+1. CC to M/S.M.JEGADEESH PANDIAN Advocate SR.No.32989 ORDER IN CRL OP(MD) No.14140 of 2017 Date :23/10/2017 MS/CM-MSA/SAR.2/23.10.2017/2P.7C https://hcservices.ecourts.gov.in/hcservices/