Prince v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Seventeenth day of June Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) Nos.9689 & 9690 of 2015 PRINCE ... PETITIONER/SOLE ACCUSED IN BOTH THE PETITIONS Vs STATE REP BY THE INSPECTOR OF POLICE PAZHUGAL POLICE STATION, KANYAKUMARI DISTRICT.

CR. NOS.110 & 109/2015. ... RESPONDENT/COMPLAINANT For Petitioner : M/S.V.SASIKUMAR Advocate IN BOTH THE PETITIONS For Respondent : MR.K.V.RAJARAJAN Govt. Advocate ( Crl. Side) IN BOTH THE PETITIONS PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner in Crl.O.P.(MD).No.9689 of 2015, who is arrayed as the sole accused in Crime No.110 of 2015 on the file of the respondent police, was arrested and remanded to judicial custody on 06.05.2015 for the alleged offences punishable under Sections 294 (b), 307, 392 and 506(ii) of I.P.C., and the petitioner in Crl.O.P. (MD).No.9690 of 2015, who is arrayed as the sole accused in Crime No.109 of 2015 on the file of the respondent police, was arrested and remanded to judicial custody on 06.05.2015 for the alleged offences punishable under Sections 294(b), 353, 307, 379 of I.P.C., r/w. 4(i)(ii), 4(i)(a), 21 of Mines and Minerals Act, 1957 and Section 38(c) of Tamil Nadu Mines and Minerals Concessions Rules, 1957, and hence seeks bail.

2.According the de-facto complainant in Crime No.109 of 2010, when the Special Sub-Inspector was conducting a vehicle check up on 05.05.2015 at about 06.00 p.m., the accused drove a tipper lorry bearing Registration No.TN 75C 3637 and on seeing them, he mad an attempt to run over and also abused him.

3.According to the de-facto complainant in Crime No.110 of 2015, the accused purchased chicken from his stall and when he asked money, he showed the knife and took away Rs.400/- from his pocket. https://hcservices.ecourts.gov.in/hcservices/ 4.The learned counsel for the petitioner submitted that the petitioner was illegally detained by the respondent police on

05.05.2015 and therefore, the brother-in-law of the petitioner sent a representation to the Chief Minister Cell and also the other Higher Officials and thereafter, a false case was registered against him on 06.05.2015. He further submitted that the petitioner is an innocent person and he has been incarceration for more than 40 days. 5.The learned Government Advocate (Crl.side) opposed the bail petition stating that the petitioner is also involved in Crime No.294 of 2015 and he prevented the Officials from performing their duty.

6.However, considering the overt act attributed against this petitioner, this Court is inclined to grant bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail on executing a 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, Kulithurai, Kanyakumari District and on further condition that the petitioner shall appear before the respondent police daily twice ie., at 10.00 a.m and 05.00 p.m., until further orders.

sd/- 17/06/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, NO.I KULITHURAI 2 -DO-THRO THE CHIEF JUDICIAL MAGISTRATE KANYAKUMARI DISTRICT AT NAGERCOIL 3 THE INSPECTOR OF POLICE PAZHUGAL POLICE STATION, KANYAKUMARI DISTRICT.

4 THE OFFICER-IN-CHARGE DISTRICT PRISON, NAGERCOIL, KANYAKUMARI DISTRICT 5 THE ADDL.PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+2. CC to M/S.V.SASIKUMAR Advocate SR.No.31336 & 31337

ORDER

IN CRL OP(MD) No.9689 & 9690 of 2015 Date :17/06/2015 NA/KBM/17/06/2015/P2/8C https://hcservices.ecourts.gov.in/hcservices/