T.Gogul v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Thirtieth day of August Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.15350 of 2018 T.GOGUL ...PETITIONER / ACCUSED No.7 Vs STATE REPRESENTED BY THE INSPECTOR OF POLICE SOMARASAMPETTAI POLICE STATION, TRICHY DISTRICT Crime No.126 of 2018 ... RESPONDENT/ COMPLAINANT For Petitioner : Mr.E.SATISH RAJKUMAR 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 31.07.2018 for the offences punishable under Sections 147, 148, 294(b), 324, 307 of IPC r/w 3(1) of TNPPDL Act in Crime No.126 of 2018 on the file of the respondent police. He seeks bail.

2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent. 3.The case of the prosecution is that on 29.07.2018 at about 6.30 p.m., the petitioner along with other accused have entered into the defacto complainant's house and abused him. They also attacked the defacto complainant and caused head injury. It is seen that the petitioner has also damaged the house of the defacto complainant's relatives.

4.The learned counsel for the petitioner would submit that there is no specific overt act against the petitioner. As per the confession of the co-accused, the petitioner has been falsely implicated in this case. The petitioner is arraigned as A7 in this case.

5.The learned Additional Public Prosecutor appearing for the respondent submitted that the injured person has been discharged from the hospital.

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6.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 No.V, Tiruchirappalli.

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

sd/- 30/08/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO V, TRICHIRAPPALLI.

2.THE CHIEF JUDICIAL MAGISTRATE, TRICHIRAPPALLI DISTRICT.

3.THE INSPECTOR OF POLICE, SOMARASAMPETTAI POLICE STATION, TRICHY DISTRICT. 4.THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.

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

+1. CC to Mr.E.SATISH RAJKUMAR Advocate SR.No.16545

ORDER

IN CRL OP(MD) No.15350 of 2018 Date :30/08/2018 TK/PN/SAR.2/30.08.2018/2P-7C https://hcservices.ecourts.gov.in/hcservices/