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Madras High CourtCRL OP(MD)/8441/2018ordered

R.Yuvaraj v. The Inspector Of Police

2018-05-23Honourable Mrs Justice T. Krishnavalli (Retd.)2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Third day of May Two Thousand Eighteen PRESENT The Hon`ble Mrs.Justice T.KRISHNAVALLI CRL OP(MD) No.8441 of 2018 R.YUVARAJ ... PETITIONER / SOLE ACCUSED Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE SOMARASAM PETTAI POLICE STATION, TRICHY DISTRICT, CR NO. 42/2018 ... RESPONDENT / COMPLAINANT For Petitioner : Mr.M.PITCHAI MUTHU Advocate For Respondent : Mr.PRABU RAMACHANDRAN, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who is arrayed as accused, was arrested and remanded to judicial custody on 12.03.2018 for the alleged offences punishable under Sections 294(b), 324, 506(ii) and 307 IPC @ 294(b), 324, 506(ii), 307 and 302 IPC, in connection with a case in Crime No.42 of 2018 on the file of the respondent police and hence seeks bail.

2.The case of the prosecution is that on 11.03.2018, the accused demanded money from the de-facto complainant for buying liquor, due to which quarrel arose between them and the accused assaulted him with knife and at that time, when the deceased was trying to prevent them from fighting, he received injury and thereafter, he died in the hospital on 12.03.2018. 3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. It is further submitted that due to wordy quarrel between the petitioner and the de-facto complainant, this false case has been foisted against the petitioner and that the petitioner is in judicial custody for more than 73 days and hence, the petitioner may be released on bail. https://hcservices.ecourts.gov.in/hcservices/ 4.The learned Government Advocate (Criminal side) appearing for

the respondent submitted that in this case, the investigation is almost over and the accused is not having any previous case. 5.Considering the facts and circumstances of the case and also considering the fact that the petitioner is in jail since 12.03.2018, this court is inclined to grant bail to the petitioner with certain conditions.

6.Accordingly, it is ordered that the petitioner shall be released on bail, on executing 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 No.V, Trichy and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m and 5.00 p.m until further orders.

sd/- 23/05/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.V, TRICHY 2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY 3 THE INSPECTOR OF POLICE SOMARASAM PETTAI POLICE STATION, TRICHY DISTRICT, 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 5 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY +1. CC to M/S.M.PITCHAI MUTHU Advocate SR.No.9024 ER JAM/23/05/2018/ PN/GSR/ 2P-7C

ORDER

IN CRL OP(MD) No.8441 of 2018 Date :23/05/2018 https://hcservices.ecourts.gov.in/hcservices/