Balakrishnan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twentieth day of June Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.9654 of 2016 BALAKRISHNAN ... PETITIONER/ACCUSED NO.3 Vs THE STATE REP.BY THE INSPECTOR OF POLICE THOOTHUKUDI SOUTH POLICE STATION, THOOTHUKUDI, THOOTHUKUDI DISTRICT.

CR. NO.703/2016 ... RESPONDENT / COMPLAINANT For Petitioner : M/S A.THIRUVADI KUMAR Advocate For Respondent : MR.P.KANNITHEVAN, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner is arrayed as accused No.3, who was arrested and remanded to judicial custody on 04.06.2016 for the alleged offences punishable under Sections 341, 294(b), 307, 506(ii) of IPC and Section 3 of TNPPDL Act, 1992, in Crime No.703 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, the petitioner and other accused picked up a quarrel with the defacto complainant and abused him in filthy language and damaged the two wheeler worth about Rs.5,000/-. On complaint, case has been registered for the above said offences.

3.The case of the petitioner is that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case.

4.The learned counsel for the petitioner submitted that petitioner is ready and willing to deposit a sum of Rs.3,000/-. 5.The learned Government Advocate(Crl.side) submitted that this is a case and case in counter and the injured person had already been discharged from the hospital.

6.Considering the facts and circumstances of the case and also considering the fact that this is a case and case in counter and the injured had already been discharged from the hospital, this Court is inclined to enlarge the petitioner on bail with certain conditions. Accordingly, the petitioner is ordered to be released on bail on https://hcservices.ecourts.gov.in/hcservices/

condition that the petitioner shall deposit a sum of Rs.3,000/- (Rupees Three thousand only) to the credit of Crime No.703 of 2016, before the learned Judicial Magistrate No.I, Thoothukudi on receipt of the same, the petitioner is entitled to be released 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 No.I, Thoothukudi and on further condition that the petitioner shall appear before the respondent police police daily at 10.00 a.m., until further orders.

sd/- 20/06/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.1, THOOTHUKUDI 2 DO THRO' THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT.

3 THE OFFICER INCHARGE, BORSTAL SCHOOL, NANGUNERI, TIRUNELVELI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

5 THE INSPECTOR OF POLICE, THOOTHUKUDI SOUTH POLICE STATION, THOOTHUKUDI, THOOTHUKUDI DISTRICT.

+1. CC to M/S A.THIRUVADI KUMAR Advocate SR.No.31315.

ORDER

IN CRL OP(MD) No.9654 of 2016 Date :20/06/2016 AM/AAL.MPA/SAR-II/20.06.2016/2P/7C https://hcservices.ecourts.gov.in/hcservices/