Madras High CourtCRL OP(MD)/23426/2016granted

Murugaperumal @ Baby, v. The Sub Inspector Of Police,

2017-01-03Honourable Mr Justice A.M. Basheer Ahamed2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Third day of January Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.23426 of 2016 1 MURUGAPERUMAL @ BABY 2 SUDALAIMANI @ MARUTHU ... PETITIONERS / ACCUSED 1 & 2 Vs THE STATE REP.BY THE SUB-INSPECTOR OF POLICE, TIRUNELVELI TOWN POLICE STATION, TIRUNELVELI CITY.

(CRIME NO.664/2016) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.A.ROBINSON, Advocate For Respondent : MR.P.KANDASAMY, Government Advocate(Crl.Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners/Accused Nos.1 & 2, who were arrested and remanded to judicial custody on 09.11.2016 for the alleged offences punishable under Sections 294(b), 387, 307 and 506(ii) of I.P.C, in Crime No.664 of 2016 on the file of the respondent police and hence, seek bail.

2.The learned Government Advocate(Crl. Side) on instructions submitted that there are totally two accused in this case, who are the petitioners herein and they are said to have demanded a sum of Rs.1000/- from the defacto complainant and when the defacto complainant refused to fulfil the demand, the petitioners tried to assault the defacto complainant with weapons , but the defacto complainant escaped from the attack by the petitioners herein.

3. The learned counsel for the petitioner states that there was https://hcservices.ecourts.gov.in/hcservices/ no such occurrence as alleged by the prosecution and due to previous

enmity, the petitioners and the defacto complainant, the present case has been falsely foisted against the petitioners and no-one sustained injuries in the alleged occurrence.

4. Considering the above facts and circumstances of the case and also considering the fact that no-one sustained injury in the alleged occurrence, this Court is inclined to grant bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to 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 like sum to the satisfaction of the learned Judicial Magistrate No.IV, Tirunelveli and on further condition that the petitioners shall appear before the learned Judicial Magistrate No.IV, Tirunelveli, daily at 10.30 a.m., until further orders. sd/- 03/01/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.IV, TIRUNELVELI. 2 -DO-THRO' THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI. 3 THE SUB INSPECTOR OF POLICE, TIRUNELVELI TOWN POLICE STATION, TIRUNELVELI CITY.

4 THE OFFICER-IN-CHARGE, BORSTAL SCHOOL, NANGUNERY, TIRUNELVELI DISTRICT.

5 THE ADDL.PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.A.ROBINSON, Advocate SR.No.189. ORDER IN CRL OP(MD) No.23426 of 2016 Date :03/01/2017 msm-ss3/sar3/03.01.17/p2/7c https://hcservices.ecourts.gov.in/hcservices/