Madras High CourtCRL OP(MD)/7810/2018ordered

Mariappasamy v. The Inspector Of Police

2018-05-16Honourable Mr Justice M.S. Ramesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Sixteenth day of May Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice M.S.RAMESH CRL OP(MD) No.7810 of 2018 1 MARIAPPASAMY 2 RAJASELVI ... PETITIONERS/ACCUSED NO.1 & 2 Vs STATE THROUGH THE INSPECTOR OF POLICE KOVILPATTI WEST POLICE STATION, THOOTHUKUDI DISTRICT.

CRIME NO.199/2018 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.R.RAJAMOHAN Advocate For Respondent : MR.V.NEELAKANDAN, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- Heard both sides.

2.The petitioners, who were arrested on 01.05.2018 for the alleged offences punishable under Sections 294(b), 506(ii) IPC and Section 2 of Tamilnadu Public Property (Damage & Loss) Act and Section 28 of Arms Act in Cr.No.199/2018 on the file of the respondent police, seek bail.

3.The case of the prosecution is that due to previous motive, the second petitioner threatened the defacto complainant with a revolver and hence, the case has been registered. 4.The learned counsel for the petitioners submitted that the petitioners are innocent persons and a false case has been foisted against them.

5.The learned Additional Public Prosecutor submitted that the petitioners were found in possession of revolver. Therefore, he opposed to grant bail to the petitioners.

https://hcservices.ecourts.gov.in/hcservices/ 6.Considering the facts and circumstances of the case and

also taking note of the period of incarceration of the petitioners, I am of the view that the petitioners could be enlarged on bail. Accordingly, it is ordered that the petitioners shall be released on bail, on executing a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a likesum to the satisfaction of the learned Judicial Magistrate No.II, Kovilpatti and on further condition that the petitioners shall report before the respondent police daily at 10.30 a.m. for a period of two weeks and thereafter, as and when required for interrogation.

sd/- 16/05/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II, KOVILPATTI, THOOTHUKUDI DISTRICT. 2 THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI. 3 THE INSPECTOR OF POLICE KOVILPATTI WEST POLICE STATION, THOOTHUKUDI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

5 THE SUPERINTENDENT, CENTRAL PRISON FOR WOMEN AT KOKKIRAKULAM, TIRUNELVELI DISTRICT.

+1. CC to M/S.R.RAJAMOHAN Advocate SR.No.8486 GNS/TA MS/RR/VK/17.05.2018 :2P/7C

ORDER

IN CRL OP(MD) No.7810 of 2018 Date :16/05/2018 https://hcservices.ecourts.gov.in/hcservices/