Robert Singh v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Sixth day of September Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.15985 of 2018 ROBERT SINGH ...PETITIONER / SOLE ACCUSED Vs STATE REPRESENTED BY THE INSPECTOR OF POLICE ERANIEL POLICE STATION, I KANYAKUMARI DISTRICT.

Crime No.417 of 2018 ... RESPONDENT / COMPLAINANT For Petitioner : Mr.S.RAMAKRISHNAN 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 is in judicial custody since 03.09.2018 for the offences punishable under Sections 294(b), 323, 506(i) I.P.C. in Crime No.417 of 2018 on the file of the respondent police. He seeks bail.

2.The case of the prosecution is that on 02.09.2018 at about 2.00 p.m, while the defacto complainant was proceeding VillukuriPandaracadu Road, the petitioner parked his vehicle, while being so, the petitioner came there and scolded the defacto complainant by using filthy language and assaulted him with hand. Hence, the case has been registered.

3.The learned counsel appearing for the petitioner would submit that the defacto complainant is a practicing Advocate. He is one of the members of the Eraniel Bar Association, Kanyakumari District. The Bar Association of Eraniel has passed a resolution requesting all the members of the Bar not to appear in this case. So, this petitioner is not able to file the bail application before the trial Court. He further submitted that he is in incarceration from 03.09.2018 onwards. Hence, he prays for bail to the petitioner. 4.The learned Additional Public Prosecutor appearing for the respondent would submit that there is no previous case is pending against the petitioner and the investigation is pending. https://hcservices.ecourts.gov.in/hcservices/

5.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, Valliyoor.

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

sd/- 06/09/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE, VALLIYOOR.

2.THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT AT NAGERCOIL.

3.THE INSPECTOR OF POLICE ERANIEL POLICE STATION, I KANYAKUMARI DISTRICT.

4.THE OFFICER INCHARGE, SUB JAIL, NAGERCOIL, KANYAKUMARI DISTRICT.

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

+1. CC to Mr.S.RAMAKRISHNAN Advocate SR.No.16978

ORDER

IN CRL OP(MD) No.15985 of 2018 Date :06/09/2018 TK/VR-MMS/SAR.1/06.09.2018/2P-7C https://hcservices.ecourts.gov.in/hcservices/