Madras High CourtCRL OP(MD)/4684/2017granted

Balamarudhu v. The Inspector Of Police

2017-04-19Honourable Dr Justice G. Jayachandran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Nineteenth day of April Two Thousand Seventeen PRESENT The Hon`ble Dr.Justice G.JAYACHANDRAN CRL OP(MD) No.4684 of 2017 BALAMARUDHU ... PETITIONER/ACCUSED NO.1 Vs THE STATE REP.BY THE INSPECTOR OF POLICE MADAPAM POLICE STATION, RAMANATHAPURAM DISTRICT CRIME NO.95 OF 2017 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.B.SENTHIL KUMAR Advocate For Respondent : MR.K.V.RAJARAJAN Government Advocate(Crl.Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner / accused No.1, was arrested and remanded to judicial custody on 08.04.2017 for the offences punishable under Sections 294(b), 324 and 506(2) of I.P.C., and Section 3 of TNPPDL Act in Crime No.95 of 2017 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner is an auto driver, due to dispute regarding carrying passengers, quarrel arose and it is alleged that this petitioner along with two others attacked one Venkatesh, the co-auto driver with knife and hand causing simple injury and damaged his auto worth Rs.500/-. The petitioner is in custody since 08.04.2017.

3. The learned Government Advocate (Crl.side) submits that the victim was treated as out-patient for the simple injury.

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

5. Considering the facts and circumstances of the case, 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 https://hcservices.ecourts.gov.in/hcservices/

Judicial Magistrate, Rameswaram, Ramanathapuram District. (ii) the petitioner shall stay at Srivilliputhur and report before the Town Police Station daily at 10.00 a.m. until further orders.

(iii) The petitioner shall not abscond either during investigation or trial.

(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.

sd/- 19/04/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, RAMESWARAM, RAMANATHAPURAM DISTRICT.

2 -DO- THRO THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM 3 THE INSPECTOR OF POLICE MADAPAM POLICE STATION, RAMANATHAPURAM DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

5 THE OFFICER INCHARGE, DISTRICT PRISON RAMANATHAPURAM 6 THE INSPECTOR OF POLICE, TOWN POLICE STATION, SRIVILLIPUTHUR +1. CC TO M/S.B.SENTHIL KUMAR ADVOCATE SR.NO.20435

ORDER

IN CRL OP(MD) No.4684 of 2017 Date :19/04/2017 AAM-PM PN/SAR 4/20.04.2017 2P 8c https://hcservices.ecourts.gov.in/hcservices/