Madras High CourtCRL OP(MD)/17641/2016ordered

Muthusivakumar v. Inspector Of Police,

2016-09-19Honourable Mr Justice B. Gokuldas2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Nineteenth day of September Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice B.GOKULDAS CRL OP(MD) No.17641 of 2016 MUTHUSIVAKUMAR ... PETITIONER/ACCUSED NO.I Vs STATE REP.BY , INSPECTOR OF POLICE, ORATHANADU POLICE STATION, THANJAVUR DISTRICT.

CRIME NO.389 OF 2016 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.M.KARUNANITHI Advocate For Respondent : MR.A.P.BALASUBRAMANI, Government Advocate (Crl.side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who is arrayed arrayed as accused no.1, was arrested and remanded to judicial custody on 04.09.2016 for the alleged offences punishable under Sections 448,294(b), 324,323,355 and 506(ii) of IPC, in Crime No.389 of 2016 on the file of the respondent Police and hence, seeks bail.

2.The case of the prosecution is that due to family dispute, the petitioner along with other accused attacked the defacto complainant and caused injuries and also threatened him with dire consequences.

3. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondents.

4. The learned counsel for the petitioner submitted that the petitioner is innocent and he has not committed any offence as alleged by the prosecution and his name has been falsely implicated in this case.

5.The learned Government Advocate (Crl.side) submitted that the injured has been discharged from the hospital. He further contended that the petitioner is having three previous cases and the https://hcservices.ecourts.gov.in/hcservices/

investigation of the case is pending.

6.Considering the facts and circumstances of the case and also considering the fact that the injured has been discharged from the hospital, this Court is inclined to release the petitioner on bail. Accordingly, the petitioner is ordered to be released on bail on his executing a bond in a sum of Rs.10,000/-(Rupees ten thousand only) with two sureties each for the like sum to the satisfaction of learned Judicial Magistrate, Orathanadu, and on condition that the petitioner shall appear before the respondent Police daily at 10.00 am until further orders.

sd/- 19/09/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,ORATHANADU.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVURE DISTRICT AT KUMBAKONAM.

3 INSPECTOR OF POLICE, ORATHANADU POLICE STATION,THANJAVUR DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECTUOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

5 THE SUPERINTENDENT, CENTRAL PRISON, TIRUCHIRAPPALLI. +1. CC to M/S.M.KARUNANITHI Advocate SR.No.53118 TRP CSL/AAL-MPA/SAR-WRIT/19.09.2016: 2P/7C

ORDER

IN CRL OP(MD) No.17641 of 2016 Date :19/09/2016 https://hcservices.ecourts.gov.in/hcservices/