K.Saravanan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Fourteenth day of September Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.16502 of 2018 K.SARAVANAN ... PETITIONER / SOLE ACCUSED Vs STATE REP. BY THE INSPECTOR OF POLICE, PALAYAMKOTTAI POLICE STATION, TIRUNELVELI CITY (CR NO.543 OF 2018) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.P.PETHU RAJESH 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 12.08.2018 for the offences punishable under Sections 294(b), 506(i) IPC r/w Section 3, 4(b), 5(A) of Indian Explosives Substance Act in Crime No.543 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 the petitioner got married with the defacto complainant on 11.02.2018. Due to some dispute between them, they were exchanged legal notice. Further, the defacto complainant filed a maintenance case in M.C.No.34 of 2018 on the file of the Family Court, Tirunelveli. Due to the same, the petitioner threw petrol bomb towards the house of the defacto complainant. Hence, the complaint.

4.The learned counsel for the petitioner would submit that only due to the family dispute, the petitioner and the defacto complainant living separately. Hence, he prays for grant of bail to the petitioner.

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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 No.I, Tirunelveli.

(ii)the petitioner shall appear before the respondent police daily at 10.30 a.m. for a period of two weeks and thereafter, as and when required;

sd/- 14/09/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I, TIRUNELVELI.

2 -DO- THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI.

3 THE INSPECTOR OF POLICE, PALAYAMKOTTAI POLICE STATION, TIRUNELVELI CITY.

4 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI, TIRUNELVELI.

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

+1. CC to M/S.P.PETHU RAJESH Advocate SR.No.17562

ORDER

IN CRL OP(MD) No.16502 of 2018 Date :14/09/2018 JM/VR MMS/SAR 4/14.09.2018/2P/7C https://hcservices.ecourts.gov.in/hcservices/