Harihara Sudhan v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Fourth day of September Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.16098 of 2018 HARIHARA SUDHAN ... PETITIONER / ACCUSED NO.2 Vs STATE REP.BY THE INSPECTOR OF POLICE, KOVILPATTI WEST POLICE STATION, THOOTHUKUDI DISTRICT.
(CRIME NO.312/2018) ... RESPONDENT / COMPLAINANT For Petitioner : Mr.G.THALAIMUTHARASU 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 09.08.2018 for the offences punishable under Sections 342, 294(b), 307 and 506(ii) I.P.C in Crime No.312 of 2018 on the file of the respondent police. He seeks bail.
2.The case of the prosecution is that due to previous enmity between the petitioner and the defacto complainant, on 02.07.2018, the first accused along with the petitioner and another went to the defacto complainant's bar and assaulted him with aruval. Due to that, the defacto complainant sustained injuries. Hence, the complaint.
3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent. He did not commit any offence as alleged by the prosecution. He further submitted that the petitioner is in incarceration from 09.08.2018 onwards. Hence, he prays for bail.
4.The learned Additional Public Prosecutor appearing for the respondent would submit that the petitioner is having six previous cases and the investigation is pending.
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 https://hcservices.ecourts.gov.in/hcservices/
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.II, Kovilpatti.
(ii)the petitioner shall appear before the respondent police daily twice i.e morning at 10.30 a.m. and evening at 5.30 p.m until further orders;
sd/- 24/09/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
1. THE JUDICIAL MAGISTRATE NO.II, KOVILPATTI.
2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT.
3. THE OFFICER INCHARGE,SUB JAIL, KOVILPATTI.
4. THE INSPECTOR OF POLICE, KOVILPATTI WEST POLICE STATION, THOOTHUKUDI DISTRICT.
5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to Mr.G.THALAIMUTHARASU Advocate SR.No.18124
ORDER
IN CRL OP(MD) No.16098 of 2018 Date :24/09/2018 MS/VR-MMS/SAR-1/24.09.2018/2P.7C https://hcservices.ecourts.gov.in/hcservices/