Thangaperumal Alias Vawal v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Sixteenth day of March Two Thousand Seventeen PRESENT The Hon`ble Dr.Justice G.JAYACHANDRAN CRL OP(MD) No.2990 of 2017 THANGAPERUMAL ALIAS VAWAL ... PETITIONER /SOLE ACCUSED Vs THE INSPECTOR OF POLICE TIRUNELVELI TALUK POLICE STATION, TIRUNELVELI, TIRUNELVELI DISTRICT, CR NO. 260 OF 2016 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.N.PRAGALATHAN Advocate For Respondent :K.V.RAJARAJAN Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.
ORDER : The Court Made the following order :- The petitioner/sole Accused, was arrested on 06.08.2016 for the offences punishable under Sections 294(b), 307 and 506(ii) of I.P.C., in Crime No.260 of 2016 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the petitioner is attempted to attack the de-facto complainant with aruval, but no injury was caused to the de-facto complainant.
3. The learned counsel for the petitioner submits that there is a money dispute between the petitioner and the de-facto complainant and hence, the de-facto complainant has lodged a false complaint against the petitioner.
4. The learned Government Advocate (Crl.side) submits that the de-facto complainant is the history sheeted rowdy and the petitioner is attempted to attack the de-facto complainant with aruval.
5. Considering the said fact, this Court is inclined to grant bail to the petitioner. 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 Additional Assistant Sessions Court, Tirunelveli.
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(ii) the petitioner is directed to stay at Madurai and appear before the Tallakulam Police Station daily at 10.00 a.m. until further orders.
(iii) the petitioner shall not tamper with the evidence or witness either during investigation or trial; (iv) the petitioner shall not abscond either during investigation or trial;
(v) 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/- 16/03/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1.THE ADDITIONAL ASSISTANT SESSIONS JUDGE TIRUNELVELI 2.THE INSPECTOR OF POLICE TIRUNELVELI TALUK POLICE STATION, TIRUNELVELI, TIRUNELVELI DISTRICT, 3 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT MADURAI 4.THE SUPERINDENT CENTRAL PRISON ,PALAYAMKOTTAI 5.THE INSPECTOR OF POLICE TALLAKULAM POLICE STATION,MADURAI.
+1. CC to M/S.N.PRAGALATHAN Advocate SR.No.14981
ORDER
IN CRL OP(MD) No.2990 of 2017 Date :16/03/2017 MAS/SV-MMS/SAR3:16.03.2017:2P-7C https://hcservices.ecourts.gov.in/hcservices/