K. Sasikumar v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Thirty First day of August Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.14771 of 2018 K. SASIKUMAR ... PETITIONER / ACCUSED No.3 Vs STATE THROUGH THE INSPECTOR OF POLICE, SOUTH POLICE STATION, TUTICORIN, TUTICORIN DISTRICT.
Crime No.438/2018 ... RESPONDENT/ COMPLAINANT For Petitioner : Mr.KA.RAAMAKRISHINAN Advocate For Respondent : Mr.A.P.G.OHM CHAIRMA PRABHU Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.
ORDER : The Court Made the following order :- The petitioner is in judicial custody since 14.07.2018 for the offences punishable under Sections 341, 294(b), 307 and 506(ii) I.PC. in Crime No.438 of 2018, on the file of the respondent Police. He seeks bail.
2.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. side) for the respondent. 3.The case of the prosecution is that on 14.07.2018 at about 12.30 p.m. when the de facto complainant was coming near Chidamabara Nagar, Tuticorin, the petitioner and other accused demanded money from the de facto complainant to consume liquor. The de facto complainant refused to give them money. At that time, the petitioner and other accused attacked the de facto complainant with aruval and attempted to murder. Hence the complaint. 4.The learned Government Advocate (Crl. side) appearing for the petitioner would submit that as the petitioner is having six previous cases to his credit, he vehemently opposes the grant of bail to the petitioner.
https://hcservices.ecourts.gov.in/hcservices/ 5.The learned counsel appearing for the petitioner would submit that in sofar as the previous cases are concerned, he was enlarged
on anticipatory bail and in some of the cases he was arrested and enlarged on bail. As far as the present case is concerned, he is nothing to do with the crime and he has been falsely implicated in this case.
6.Considering the above facts and circumstances and also considering the period of incarceration undergone by the petitioner from 14.07.2018, 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 No.I, Tuticorin.
(ii)the petitioner shall appear before the respondent police daily at 10.30 a.m. until further orders;
sd/- 31/08/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO ` 1.THE JUDICIAL MAGISTRATE NO I, TUTICORIN.
2.THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN DISTRICT.
3.THE INSPECTOR OF POLICE, SOUTH POLICE STATION, TUTICORIN, TUTICORIN DISTRICT.
4.THE OFFICER INCHARGE, DISTRICT PRISON, PERURANI, TUTICORIN DISTRICT. 5.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to Mr.KA.RAAMAKRISHINAN Advocate SR.No.16671
ORDER
IN CRL OP(MD) No.14771 of 2018 Date :31/08/2018 TK/PN/SAR.4/31.08.2018/2P-7C https://hcservices.ecourts.gov.in/hcservices/