Krishnan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twelfth day of June Two Thousand Seventeen PRESENT The Hon`ble Dr.Justice G.JAYACHANDRAN CRL OP(MD) Nos.6567 & 6576 of 2017 KRISHNAN ... PETITIONER / ACCUSED NO.1 IN CRL OP(MD) No.6567 of 2017 MUTHUKUMAR ... PETITIONER / ACCUSED IN CRL OP(MD) No.6576 of 2017 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE KOVILPATTI EAST POLICE STATION, THOOTHUKUDI DISTRICT (CRIME NO.278/2017) ... RESPONDENT / COMPLAINANT IN BOTH PETITIONS For Petitioner : M/S.S.RAMASAMY Advocate IN BOTH PETITIONS For Respondent : MR.R.RAMACHANDRAN Additional Public Prosecutor IN BOTH PETITIONS PETITION FOR BAIL Under Sec. 439 Cr.P.C.
ORDER : The Court Made the following order :- The petitioner/1st accused in Crl.OP(MD)No.6567/2017 and the petitioner/accused in Crl.OP(MD)No.6576/2017, who were arrested and remanded to judicial custody on 11.05.2017, for the offences punishable under Sections 147, 148, 307, 325 & 326 IPC, in Crime No. 278/2017, on the file of the respondent/Police, seek bail. 2.Heard Mr.S.Ramasamy, learned counsel appearing for the petitioners and Mr.R.Ramachandran, learned Additional Public Prosecutor appearing for the respondent/Police. 3.The case of the prosecution is that on 07.05.2017, at about 17.00hrs, the defacto-complainant, Kalairaj was standing near Pasuvanthanai road, Punjab Gramin Bank. These petitioners/accused along with others, due to some previous enmity have attacked the defacto-complainant with knife, stick and hand causing dis-location of teeth and contusions all over the body. The defacto-complainant was taken to hospital by 108 Ambulance service. After on intimation from hospital, case has been registered by the police, against these petitioners and others.
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4.The learned Additional Public Prosecutor submits that these petitioners along with five others have involved in this crime, causing grievous injuries on neck and body of the defactocomplainant and his teeth were also dis-located. The learned Additional Public Prosecutor further submitted that injured person was discharged from hospital only on 03.06.2017 and he has been asked to come for review after one month, to have a plastic surgery, as a follow up treatment. In support of his contention, the learned Additional Public Prosecutor submitted the medical discharge summary of Tirunelveli Medical College Hospital.
5.Perusal of the discharge summary issued by the Tirunelveli Medical College Hospital reveals that the defacto-complainant sustained grievous injury and was treated as Inpatient for nearly 25 days. Surgery was also conducted on the patient/defacto-complainant, on 23.05.2017.
6.Considering the facts and circumstances of the case and the nature of injury caused to the victim, this Court is not inclined to grant bail to the petitioners. Accordingly, these bail petitions are dismissed.
sd/- 12/06/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE INSPECTOR OF POLICE KOVILPATTI EAST POLICE STATION, THOOTHUKUDI DISTRICT. 2 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
3 OFFICER IN CHARGE, SUB JAIL, KOVILPATTI.
+2. CC to M/S.S.RAMASAMY Advocate SR.Nos.23891 & 23890
ORDER
IN CRL OP(MD) Nos.6567 & 6576 of 2017 Date :12/06/2017 MKV-CM-MSA-SAR 4/13.6.2017/2P-6C https://hcservices.ecourts.gov.in/hcservices/