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Madras High CourtCRL OP(MD)/17457/2016disposed of

Mookkandi, S/O Arumugam, v. The Inspector Of Police,

2016-10-04Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.10.2016

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD).No.17457 of of 2016 Mookkandi .. Petitioner Vs.

State Represented by, The Inspector of Police, Murappanadu Police Station, Crime No.237 of 2014, Tuticorin District.

.. Respondent PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to admit this petition on file, to call for the records from II Additional Sessions Judge, Tirunelveli, Tirunelveli District in Cr.M.P.No.2105 of 2016, dated 07.09.2016 and set aside the same and consequently order of interim bail to absolutely bail in Crl.M.P.No.2105 of 2016, dated 30.08.2016. For Petitioner : Mr.K.Prabhu For Respondent : Mr.K.Anbarasan Government Advocate (Criminal side)

ORDER

Aggrieved over the order passed by the II Additional Sessions Judge, Tirunelveli in Cr.M.P.No.2105 of 2016, dated 07.09.2016, the present petition is filed by the petitioner. 2.The learned counsel for the petitioner would submit that the petitioner is falsely implicated in Cr.No.237 of 2014 by the respondent police for the alleged offences under Sections 294(b), 323, 324, 506(ii) of IPC r/w 3(i)(x) of SC/ST (POA) Act and he was arrested by the respondent police on 27.05.2016 and he was granted interim bail on 30.08.2016.

3.It is further submitted that the interim bail was not extended on the ground that Non-Bailable Warrant was pending for some time and the petitioner was already in judicial custody for more than 94 days and now he is ready to donate some amount to an Orphanage or any other organisation.

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4.Heard the learned Government Advocate (Crl.side) appearing for the respondent.

5.Considering the facts and circumstances of the case and also considering the submission of the learned counsel for the petitioner, the order passed by the II Additional Sessions Judge, Tirunelveli in Cr.M.P.No.2105 of 2016, dated 07.09.2016 is set aside and the interim bail granted by the II Additional Sessions Judge, dated 30.08.2016 is made absolute on payment of Rs.3,000/- to the High Court Legal Services Committee, Madurai Bench of Madras High Court, Madurai, within one week from the date of receipt of a copy of this order and the petitioner is directed to appear before the committal Court on every hearing date, without fail.

6. This Criminal Original Petition is disposed of accordingly. Sd/- Assistant Registrar (CS-I) /True copy/ Sub Assistant Registrar To 1.The II Additional Sessions Judge, Tirunelveli, Tirunelveli District.

2. The Inspector of Police, Murappanadu Police Station, Tuticorin District.

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Copy to:

The Authorised Officer, Legal Services Committee, Madurai Bench of Madras High Court, Madurai.

+1 CC to Mr.K.PRABHU, Advocate, SR No.58610 Crl.O.P(MD)No.17457 of 2016 04.10.2016 am SH/PV:21.10.2016:2P/6C https://hcservices.ecourts.gov.in/hcservices/