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Madras High CourtCRL OP(MD)/17351/2018ordered

Mookkandi, S/O.Malaiyandi, v. The Inspector Of Police,

2018-09-28Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Eighth day of September Two Thousand and Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.17351 of 2018 MOOKKANDI ... PETITIONER / ACCUSED RANK NOT KNOWN Vs STATE REPRESENTED BY, THE INSPECTOR OF POLICE, PALAYAMKOTTAI POLICE STATION, TIRUNELVELI DISTRICT.

CRIME NO.597 OF 2018 ... RESPONDENT / COMPLAINANT For Petitioner : Mr.S.SUNDARAPANDIAN, Advocate. For Respondent : Mrs.M.ANANTHA DEVI, Govt. Advocate (Crl.Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner is in judicial custody since 09.09.2018 for the offences punishable under Sections 341, 294(b), 324, 307, 506(ii) and 109 IPC, in Crime No.597 of 2018 on the file of the respondent police. He seeks bail.

2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondent. 3.The case of the prosecution is that the de facto complainant and the accused are practising advocates in Tirunelveli District Court. There was a quarrel between themselves regarding the whatsapp message. Due to the quarrel, the petitioner and others waylaid the de facto complainant and used filthy language and attacked with Iron rod. Hence, the complaint. 4.The learned counsel for the petitioner would submit that the co-accused was already released on bail and He further submitted that the petitioner is in judicial custody from 09.09.2018 onwards. Hence, he prays for grant of bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/

5.The learned Government Advocate (Crl. Side) for the respondent submitted that there are three previous cases against the petitioner and the injured has been discharged. 6.Considering the facts and circumstances of this 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 No.I, Tirunelveli.

(ii)the petitioner shall appear before the respondent police daily at 10.30 a.m. until further orders;

sd/- 28/09/2018 / 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 SUPERINTENDENT CENTRAL PRISON, PALAYAMKOTTAI.

4.THE INSPECTOR OF POLICE, PALAYAMKOTTAI POLICE STATION, TIRUNELVELI DISTRICT.

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

+1. CC to M/S.S.SUNDARAPANDIAN Advocate SR.No.18508.

ORDER

IN CRL OP(MD) No.17351 of 2018 Date :28/09/2018 RAM/VR MMS/SAR 1/28.09.2018/2P/7C https://hcservices.ecourts.gov.in/hcservices/