Deva Arockiam @ Akkinraj v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Third day of October Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.16638 of 2018 DEVA AROCKIAM @ AKKINRAJ ... PETITIONER / ACCUSED NO.1 Vs STATE REP.BY THE SUB INSPECTOR OF POLICE, AMMAYANAICKANOOR POLICE STATION, DINDIGUL DISTRICT.

IN CRIME NO.182 OF 2013 ... RESPONDENT / COMPLAINANT For Petitioner : MR.PR BOOMEE RAJAN 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 27.08.2018 for the offences punishable under Sections 147, 148, 323, 307 and 506(ii) of IPC, in Crime No.182 of 2013, on the file of the respondent police. He seeks bail.

2.The case of the prosecution is that on 18.07.2013, the petitioner along with other accused unlawfully assembled with deadly weapons and attacked the de-facto complainant with aruval and also threatened him with dire consequences. Hence, the case has been registered and the petitioner was arrested and remanded to judicial custody. Thereafter, the petitioner moved the bail application and the same was allowed. Due to non-appearance of the petitioner during the trial, the non-bailable warrant came to be issued on 03.03.2016 and he was remanded to judicial custody. 3.The learned counsel for the petitioner would submit that the charge sheet was filed by the respondent police in the above case and the same was numbered as PRC.No.24 of 2014, pending before the learned Judicial Magistrate, Nilakkottai. He would further submit that the petitioner has not appeared before the trial Court. He would also submit that the petitioner is in incarceration from 27.08.2018 onwards. Hence, he prays for grant of bail to the petitioner.

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4. Heard the learned Additional Public Prosecutor appearing for the respondent.

5.Considering the facts and circumstances of the case 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, Nilakkottai, Dindigul District. (ii)the petitioner shall appear before the trial Court daily at 10.30 a.m until further orders.

sd/- 03/10/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE, NILAKKOTTAI, DINDIGUL DISTRICT.

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

3. THE OFFICER INCHARGE, DISTRICT PRISON, DINDIGUL.

4. THE SUB INSPECTOR OF POLICE, AMMAYANAICKANOOR POLICE STATION, DINDIGUL DISTRICT.

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

+1. CC to MR.PR BOOMEE RAJAN Advocate SR.No.18809

ORDER

IN CRL OP(MD) No.16638 of 2018 Date :03/10/2018 MS/PN/SAR-2/03.10.2018/2P.7C https://hcservices.ecourts.gov.in/hcservices/