Shahul Hameed v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Ninth day of November Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.16378 of 2017 SHAHUL HAMEED ... PETITIONER / ACCUSED NO.2 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE THIRUVAIYARU POLICE STATION, THANJAVUR DISTRICT (CR.NO.402/2017) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.S.MAHENDRAPATHY 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/Accused No.2, who was arrested and remanded to judicial custody on 09.11.2017 for the alleged offences punishable under Sections 294(b), 324, 307 and 506(ii) of I.P.C., in Crime No.402 of 2017, on the file of the respondent police, seeks bail.
2. The case of the prosecution is that on 08.11.2017, due to property dispute, the petitioner along with other accused intercepted the defacto complainant and attacked him with Aruval and threatened him with dire consequences, thereby the defacto complainant sustained injuries and admitted in the hospital. Based on the complaint, a case has been registered for the above said offences.
3.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Moreover, the petitioner has no specific overtact and he is no way connected with the crime and hence, he prays for bail. He further submitted that the petitioner has been falsely implicated in this case. 4.The learned Government Advocate (Criminal side) appearing for the State, on instructions, would submit that the injured has been discharged from the hospital.
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5. Considering the facts and circumstances of the case and the stage of investigation and also considering the fact that the
injured has already been discharged from the hospital, I am inclined to grant bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail, subject to the following certain 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, Thiruvaiyaru;
(ii) the petitioner shall report before the respondent police, daily between 10.00 a.m., to 11.00 a.m., for a period of four 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 learned Magistrate/trial Court is entitled to take appropriate action against the petitioner in accordance with law and the bail granted stands cancelled automatically.
sd/- 29/11/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, THIRUVAIYARU.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.
3 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY. 4 THE INSPECTOR OF POLICE, THIRUVAIYARU POLICE STATION, THANJAVUR DISTRICT. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.S.MAHENDRAPATHY Advocate SR.No.35292
ORDER
IN CRL OP(MD) No.16378 of 2017 Date :29/11/2017 https://hcservices.ecourts.gov.in/hcservices/ MKV-PM-PN-SAR 4/29.11.2017/2P-7C