Madras High CourtCRL OP(MD)/6562/2018granted

Ajith v. The Inspector Of Police,

2018-04-23Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Third day of April Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.6562 of 2018 AJITH ... PETITIONER/SOLE ACCUSED Vs STATE REP.BY, THE INSPECTOR OF POLICE, PERUNGUDI POLICE STATION, MADURAI DISTRICT, CRIME NO.66/2018 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.T.VEERAKUMAR, Advocate For Respondent : M/S.A.P.G.OHM CHAIRMA PRABHU, 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 22.03.2018 for the offences punishable under Sections 294(b) and 307 IPC., in Crime No.66 of 2018, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that due to previous enmity, the petitioner assaulted the defacto complainant by using Aruval.

3. The learned counsel for the petitioners submitted that the petitioner has been falsely implicated in this case and he is in judicial custody from 22.03.2018. Hence, he prays for bail.

4. The learned Government Advocate (Crl.side) appearing for the respondent Police submitted that during the occurrence, no injury has been caused. Since the petitioner is having one previous case, the learned Government Advocate (Crl.side) opposed to grant of bail to the petitioner.

https://hcservices.ecourts.gov.in/hcservices/ 5.Taking note of nature of the allegation made against the

petitioner, this Court is inclined to enlarge the petitioner on bail 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.10,000/- (Rupees Ten Thousand Only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.VI, Madurai.

(ii) the petitioner is directed to appear before the respondent police as and when required for interrogation. (iii) the petitioner shall not abscond.

(iv) on breach of any of the aforesaid conditions, the Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005) AIR SCW 5560].

sd/- 23/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.VI, MADURAI 2 DO THROUGH THE CHIEF JUDCIAL MAGISTRATE, MADURAI.

3 THE INSPECTOR OF POLICE, PERUNGUDI POLICE STATION, MADURAI DISTRICT.

4 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI 5 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.T.VEERAKUMAR, Advocate SR.No.6806

ORDER

IN CRL OP(MD) No.6562 of 2018 Date :23/04/2018 PK/CM-VR/GSR/23.04.2018 : 2P/7C https://hcservices.ecourts.gov.in/hcservices/