Mariyappan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Thirtieth day of May Two Thousand Eighteen PRESENT The Hon`ble Mrs.Justice T.KRISHNAVALLI CRL OP(MD) No.8929 of 2018 1 MARIYAPPAN 2 KARTHICK @ MARISELVAM ... PETITIONERS/ ACCUSED NO.1 & 3 Vs STATE REP.BY THE INSPECTOR OF POLICE KOODAKOVIL POLICE STATION, MADURAI DISTRICT.
CRIME NO.53 OF 2018 ... RESPONDENT / COMPLAINANT For Petitioners: Mr.S.SIVAPRAKASH, Advocate For Respondent : Mr.A.ROBINSON, Government Advocate(Crl.Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.
ORDER : The Court Made the following order :- The petitioners, who are arrayed as accused were arrested by the respondent police on 04.05.2018 and remanded to judicial custody for the alleged offences punishable under sections 294(b), 324, 342 and 307 I.P.C., in connection with a case in Crime No.53 of 2018 on the file of the respondent police and hence seek bail. 2.The case of the prosecution is that the petitioner and the defacto complainant are own brothers. Their mother was died on 01.05.2018, due to funeral function on 02.05.2018, at the time, wordy quarrel between the petitioners and the defacto complainant, due to which, the petitioners attacked with knife to the defacto complainant's father's stomach.
3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution and that a false case has been foisted against the petitioners. It is further submitted that the petitioners are in jail from 04.05.2018 and hence, the petitioners may be released on bail.
4.The learned Government Advocate (Criminal side) appearing for the respondent submitted that in this case, the investigation is almost over and the injured is discharged from the hospital. https://hcservices.ecourts.gov.in/hcservices/
5.Considering the facts and circumstances of the case and also considering the fact that the injured has been discharged from the hospital, this court is inclined to grant bail to the petitioners with stringent conditions.
6.Accordingly, it is ordered that the petitioners shall be released on bail, on each of them executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a likesum to the satisfaction of the learned Judicial Magistrate, Thirumangalam, and on further condition that the petitioners shall report before the respondent police daily at 10.30 a.m and 5.00 p.m until further orders.
sd/- 30/05/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
1. THE JUDICIAL MAGISTRATE, THIRUMANGALAM.
2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.
3. THE SUPERINTENDENT,CENTRAL PRISON, MADURAI.
4. THE INSPECTOR OF POLICE KOODAKOVIL POLICE STATION, MADURAI DISTRICT.
5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.S.SIVAPRAKASH Advocate SR.No.9207
ORDER
IN CRL OP(MD) No.8929 of 2018 Date :30/05/2018 MS/CM/ASVM/30.05.2018/2P.7C https://hcservices.ecourts.gov.in/hcservices/