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Madras High CourtCRL OP(MD)/15881/2018ordered

M.Muthusamy, v. The Inspector Of Police,

2018-09-05Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fifth day of September Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.15881 of 2018 M.MUTHUSAMY ... PETITIONER /SOLE ACCUSED Vs STATE REP.BY THE INSPECTOR OF POLICE, MUSIRI POLICE STATION, TRICHY DISTRICT.

CRIME NO.234/2018 ... RESPONDENT / COMPLAINANT For Petitioner : Mr.R.THANGAPANDIAN, Advocate For Respondent : Mr.V.NEELAKANDAN, Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner was arrested on 11.08.2018, for the offences punishable under Sections 279, 337 and 304(ii) IPC, in Crime No.234 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 11.08.2018, at about 09.00 a.m., the petitioner was driving the lorry, bearing registration No.TN81 A 6377, in inebriated condition and dashed against a tree standing on right side of the road and dashed against the car and two wheeler. As a result of the same, the driver of the car was died and rider of the two wheeler sustained multiple injury. Hence, the complaint.

4.The learned counsel for the petitioner would submit that the said accident is not intentional one and the petitioner also sustained injuries. Hence, he prays for grant of bail to the petitioner.

5,The learned Additional Public Prosecutor submitted that the petitioner was in drunken mood and drove the vehicle and cause accident. Due to the same, one person lost his life and another person sustained grievous injuries.

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6. Considering the above facts and circumstances of the case, 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, Munsiri, Trichy District. (ii)the petitioner shall appear before the respondent police daily at 10.30 a.m. until further orders; (iii)the petitioner shall surrender his original licence before the learned Judicial Magistrate, Munsiri, Trichy District.

sd/- 05/09/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE, MUSIRI, TRICHY DISTRICT.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.

3. THE OFFICER INCHARGE,SUB JAIL, MUSIRI, TRICHY DISTRICT.

4. THE INSPECTOR OF POLICE, MUSIRI POLICE STATION, TRICHY DISTRICT.

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

+1. CC to Mr.R.THANGAPANDIAN Advocate SR.No.16869

ORDER

IN CRL OP(MD) No.15881 of 2018 Date :05/09/2018 MS/MMS/SAR-2/05.09.2018/2P.7C https://hcservices.ecourts.gov.in/hcservices/