Jesus Christopher, v. The Sub Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Fourth day of May Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice C.V.KARTHIKEYAN CRL OP(MD) No.6362 of 2017 JESUS CHRISTOPHER, ... PETITIONER /SOLE ACCUSED Vs STATE THROUGH THE SUB INSPECTOR OF POLICE, KULASEKARAM POLICE STATION, KANYAKUMARI DISTRICT. (CRIME NO.102 OF 2017) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.S.J.CHAKKARAVARTHY Advocate For Respondent : Mr.K.Anbarasan, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.
ORDER : The Court Made the following order :- The petitioner/sole accused, who was arrested and remanded to judicial custody on 30.03.2017 for the offence punishable under Section 294(b), 307 and 506(ii) of I.P.C., in Crime No.102 of 2017 on the file of the respondent police, seeks bail.
2. The learned Government Advocate (Criminal side) would submit that on 29.3.2017 while the defacto complainant was standing before one Ajin's Rubber Sheet Shop, the petitioner came with chopper and abused him with filthy language and attacked him and caused injuries. He would further submit that the injured has been discharged from the hospital.
3.The learned Counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case and he is custody from 30.3.2017.
4. Considering the facts and circumstances of the case and also considering the fact that the injured has been discharged from the hospital, this Court grants bail to the petitioner 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 Judicial Magistrate Padmanathapuram;
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(ii) the petitioner shall report before the respondent police 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 learned 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 learned 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/- 24/05/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, PADMANATHAPURAM 2 -DO-THRO THE CHIEF JUDICIAL MAGISTRATE KANYAKUMARI DISTRICT AT NAGERCOIL 3 THE SUB INSPECTOR OF POLICE, KULASEKARAM POLICE STATION, KANYAKUMARI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 5 THE OFFICERS INCHARGE, DISTRICT JAIL, NAGERCOIL, KANYAKUMARI DISTRICT +1. CC to M/S.S.J.CHAKKARAVARTHY Advocate SR.No.22659 SM:KKR:SAR III:24.5.2017:2P/7C
ORDER
IN CRL OP(MD) No.6362 of 2017 Date :24/05/2017 https://hcservices.ecourts.gov.in/hcservices/