Thirumalainathan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Second day of June Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.9059 of 2016 THIRUMALAINATHAN ... PETITIONER/SOLE ACCUSED Vs STATE REP. BY THE INSPECTOR OF POLICE MANAMELKUDI POLICE STATION, PUDUKOTTAI DISTRICT, CR NO. 114/2016.
... RESPONDENT/ COMPLAINANT For Petitioner : M/S D.RAMESHKUMAR, Advocate For Respondent : Mr.P.KANNITHEVAN, Government Advocate (Crl.side) For Intervenor : Mr.M.SURESH, Advocate PETITION FOR BAIL Under Sec. 439 Cr.P.C.
ORDER : The Court Made the following order :- The petitioner is arrayed as sole accused, who was arrested and remanded to judicial custody on 29.05.2016 for the alleged offence punishable under Section 307 IPC, in Crime No.114 of 2016, on the file of the respondent police and hence, seeks bail. 2.The case of the prosecution is that due to previous enmity with regard to playing cricket, the accused dashed car against the son of the de facto complainant and caused injuries. The injured person was admitted in Vijay Hospital, Pudukkottai and subsequently he was shifted to Meenakshi Mission Hospital, Madurai. On complaint, case has been registered for the above said offences. 3.The case of the petitioner is that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution.
Due to dispute between the petitioner and de facto complainant, a false case has been foisted against him. The injured person was admitted in Vijay Hospital, Pudukkottai and subsequently he was discharged and again he was admitted in Meenakshi Mission Hospital, Madurai and discharged on 15.06.2016. The petitioner is in judicial custody from 29.05.2016.
https://hcservices.ecourts.gov.in/hcservices/ 4.The learned Government Advocate(Crl.side) submitted that the injured was discharged from Meenakshi Mission Hospital, Madurai on
15.06.2016 and investigation is pending.
5.The learned counsel for the intervenor submitted that after discharge from Meenakshi Mission Hospital, Madurai on 15.06.2016, the injured person was admitted in a hospital in Namakkal and he is taking treatment. But, he does not know the name of the hospital. 6.Considering the facts and circumstances of the case and also considering the fact that the petitioner is in judicial custody from 29.05.2016 and the injured person has been discharged from Meenakshi Mission Hospital, Madurai on 15.06.2016, this Court is inclined to enlarge the petitioner on bail with certain conditions. Accordingly, the petitioner is ordered to 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, Aranthangi and on further condition that the petitioner shall appear before the respondent police as and when required for interrogation.
sd/- 22/06/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE ARANTHANGI 2 -do- thro' THE CHIEF JUDICIAL MAGISTRATE PUDUKOTTAI DISTRICT 3 THE INSPECTOR OF POLICE MANAMELKUDI POLICE STATION, PUDUKOTTAI DISTRICT, 4 THE OFFICER IN CHARGE, DISTRICT PRISON, PUDUKKOTTAI 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1CC to M/S D.RAMESHKUMAR Advocate SR.No.32076 +2cc to Mr.M.SURESH, Advocate, Sr.No. 32186
ORDER
IN CRL OP(MD) No.9059 of 2016 Date :22/06/2016 smn SH/GSV-PM/SAR-I:22.06.2016:2P/9C https://hcservices.ecourts.gov.in/hcservices/