Madras High CourtCRL OP(MD)/9979/2015allowed

R. Balakrishnan v. The Inspector Of Police

2015-06-05Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Fifth day of June Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.9979 of 2015 R.BALAKRISHNAN ..PETITIONER/ACCUSED No.3 Vs.

STATE REP.BY THE INSPECTOR OF POLICE GANGAIKONDAN POLICE STATION, TIRUNELVELI DISTRICT.

CRIME NO.54/2015 ..RESPONDENT/COMPLAINANT For Petitioner : M/S.G.THALAIMUTHARASU Advocate For Respondent : Mr.K.V.RAJARAJAN, Government 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 A3 in Crime No.54 of 2015 on the file of the respondent police, was arrested on 08.04.2015 for the alleged offences punishable under Sections 147, 148, 341, 294(b) and 302 of I.P.C., and hence, seeks bail.

2. The case of the prosecution is that the dog of the accused had bite the dog of the de-facto complainant and thereafter, in a wordy quarrel, the accused have attacked the deceased and caused his death.

3. The learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case and even as per the case of the prosecution, the accused had attacked the deceased on his hand and it is not a fatal injury. It is further submitted that the petitioner is incarceration for more than 45 days.

4. The learned Government Advocate (Crl.side) submitted that in a dog bite, quarrel arose between the accused party and the deceased party, in which the accused had attacked the deceased with lethal weapons. The learned Government Advocate further submitted that as per the de-facto complainant's statement, the petitioner had attacked the deceased on his hand.

5. Considering the nature of overt act attributed against this petitioner and the petitioner is in custody from 08.04.2015, this Court is inclined to grant bail to the petitioner with certain conditions. 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.III, Tirunelveli and on further condition that the petitioner shall appear before the respondent police daily at 10.00 a.m. until further orders.

sd/- 05/06/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1 THE JUDICIAL MAGISTRATE NO.III, TIRUNELVELI. 2 -DO-THRO'THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVLEI. 3 THE ADDL.PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT,MADURAI. 4 THE INSPECTOR OF POLICE,GANGAIKONDAN POLICE STATION, TIRUNELVELI DISTRICT.

5 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI, TIRUNELVLEI. +1. CC to M/S.G.THALAIMUTHARASU Advocate SR.No.28157 ORDER IN CRL OP(MD) No.9979 of 2015 Date :05/06/2015 PBK/PS 05/06/2015 ::2P-7C::

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