Arul Anandh v. The Sub Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twelfth day of December Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.17085 of 2017 ARUL ANANDH ... PETITIONER/ACCUSED No.1 Vs STATE REP BY THE SUB INSPECTOR OF POLICE VADASERY POLICE STATION, NAGERCOIL, KANYAKUMARI DISTRICT CRIME NO. 651/2017 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.S.KARTHICK SUBRAMANIAN 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.1, who was arrested and remanded to judicial custody on 05.11.2017, for the offences punishable under Sections 294(b), 307 and 506(ii) I.P.C., in Crime No.651 of 2017, on the file of the respondent police, seeks bail. Consumption 2.The case of the prosecution is that on 05.11.2017, the defacto complainant and the petitioner consumed liquor in front of the Puthukudiyiruppu TASMAC Shop, after consuming the liquor, the petitioner and the defacto complainant unconsciously attacked with each other, thereby, the defacto complainant sustained injuries and admitted in the hospital. Due to that attack, the defacto complainant filed a complaint before the respondent police. 3.
The learned counsel appearing for the petitioner would submit that he is an innocent and he did not commit any offence as alleged by the prosecution. He further submitted that the defacto complainant has falsely implicated the case against him. 4.The learned Government Advocate (Criminal side) appearing for the State submitted that the injured person was discharged from the hospital and there is no previous previous case against the petitioner/A1 herein.
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5.Considering the facts and circumstances of the case and also considering the submission made by the learned Government Advocate (Criminal side) that the injured discharged from the hospital, I am inclined to grant bail to the petitioner. The petitioner is ordered to be released on bail, subject to the following certain conditions. 6.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.II, Nagercoil;
(i) the petitioner shall report before the respondent police, daily at 10.30 a.m., for a period of four weeks thereafter as and when required for interrogation.
(ii) the petitioner shall not tamper with evidence or witness either during investigation or trial.
(iii) the petitioner shall not abscond 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/- 12/12/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE NO.II, NAGERCOIL 2 THE CHIEF JUDICIAL MAGISTRATE KANYAKUMARI DISTRICT AT NAGERCOIL 3 THE SUB INSPECTOR OF POLICE VADASERY POLICE STATION, NAGERCOIL, KANYAKUMARI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 5 THE OFFICER INCHARGE, DISTRICT JAIL, NAGERCOIL +1. CC to M/S.S.KARTHICK SUBRAMANIAN Advocate SR.No.36085 ORDER IN CRL OP(MD) No.17085 of 2017 Date :12/12/2017 SMA/RR/SAR-3/13.12.2017:2P/7C https://hcservices.ecourts.gov.in/hcservices/