P. Manikandan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty First day of August Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.14053 and 14114 of 2018 P. MANIKANDAN ... PETITIONER/ ACCUSED No.2 IN CRL OP(MD) No.14053 of 2018 MAGUDI@BALAMURUGAN ... PETITIONER/ 1ST ACCUSED IN CRL OP(MD) No.14114 of 2018 Vs THE INSPECTOR OF POLICE THENKARAI POLICE STATION, PERIYAKULAM, THENI DISTRICT.
Crime No.291 of 2018 ... RESPONDENT / COMPLAINANT IN BOTH PETITIONS For Petitioner : Mr.C.CHRISTOPHER Advocate IN CRL OP(MD) No.14053 of 2018 For Petitioner : Mr.R.SHANKAR GANESH Advocate IN CRL OP(MD) No.14114 of 2018 For Respondent : Mr.V.NEELAKANDAN Additional Public Prosecutor IN BOTH PETITIONS PETITION FOR BAIL Under Sec. 439 Cr.P.C.
ORDER : The Court Made the following order :- The petitioners are in judicial custody since 22.07.2018 for the offences punishable under Sections 294(b), 323, 307 and 506(ii) I.P.C in Crime No.291 of 2018 on the file of the respondent police. They seek bail.
2.The case of the prosecution is that while the defacto complainant and his friend were returning from his agricultural field on 21.07.2018 at about 6.45 p.m, the petitioners and other accused threatened one Nikumathullah and grabbed his money and cell phone by showing knife and on questioning the same, the petitioners abused the defacto complainant and caused injures. Hence, the case has been registered.
3.The learned counsel for the petitioners would submit that there is no specific allegation against the petitioners in the first information report. They did not commit any offence as alleged by https://hcservices.ecourts.gov.in/hcservices/
the prosecution. The petitioners are in incarceration from 22.07.2018 onwards. Hence, he prays for bail.
4. The learned Additional Public Prosecutor appearing for the respondent would submit that investigation is pending. 5.Considering the above facts and circumstances and also considering the period of incarceration of the petitioners, this Court is inclined to grant bail to the petitioners. Accordingly, the petitioners are ordered to be released on bail subject to the following conditions:
(i) the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Periyakulam.
(ii)the petitioners shall report before the respondent police daily at 10.30 a.m until further orders;
sd/- 21/08/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1.THE JUDICIAL MAGISTRATE, PERIYAKULAM.
2.THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT. 3.THE INSPECTOR OF POLICE THENKARAI POLICE STATION, PERIYAKULAM, THENI DISTRICT. 4.THE SUPERINTENDENT, CENTRAL PRISON,MADURAI. 5.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to Mr.R.SHANKAR GANESH Advocate SR.No.15873 +1. CC to Mr.C.CHRISTOPHER Advocate SR.No.15915
ORDER
IN CRL OP(MD) No.14053 and 14114 of 2018 Date :21/08/2018 TK/PN/SAR.1/21.08.2018/2P-8C https://hcservices.ecourts.gov.in/hcservices/