Kamalraj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Fifth day of October Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.19020 of 2018 KAMALRAJ ... PETITIONER / ACCUSED NO.3 Vs STATE REP. BY THE INSPECTOR OF POLICE, KADALADI POLICE STATION, RAMANATHAPURAM DISTRICT.

CRIME NO.94 OF 2018 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.M.S.JEYAKARTHIK Advocate For Respondent : MR.V.NEELAKANDAN, Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner is in judicial custody since 09.10.2018 for the offences punishable under Sections 120(b), 447, 294(b), 324, 307 I.P.C and Section 3 of TNPPDL Act, in Crime No.94 of 2018 on the file of the respondent police. He seeks bail. 2.The case of the prosecution is that due to the land dispute between the defacto complainant and the first accused, on 04.10.2018, the petitioner and other accused persons trespassed into the defacto complainant's shop and assaulted the defacto complainant. Thereby, he sustained injuries. Hence, the case has been registered.

3.The learned counsel for the petitioner would submit that the petitioner is an innocent. He did not commit any offence as alleged by the prosecution. He is in incarceration from 09.10.2018 onwards. Hence, he prays for grant of bail to the petitioner. 4.The learned Additional Public Prosecutor appearing for the respondent would submit that the injured has been discharged from the hospital and the investigation is pending. https://hcservices.ecourts.gov.in/hcservices/

5.Considering the above facts and circumstances and also considering the period of incarceration of the petitioner, this Court is inclined to grant bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail 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, Mudhukulathur.

(ii)the petitioner shall appear before the respondent police as and when required for interrogation.

sd/- 25/10/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, MUDUKULATHUR.

2 -DO- THROUGH THE CHIEF JUDICIAL MAGISTRATE, RMANATHAPURAM.

3 THE INSPECTOR OF POLICE KADALADI POLICE STATION, RAMANATHAPURAM DISTRICT.

4 THE OFFICER INCHARGE, SUB-JAIL, MUTHUKULATHUR.

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

+1. CC to M/S.M.S.JEYAKARTHIK Advocate SR.No.91749

ORDER

IN CRL OP(MD) No.19020 of 2018 Date :25/10/2018 JM/PN/SAR 3/25.10.2018/2P/7C https://hcservices.ecourts.gov.in/hcservices/