Kumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fourth day of October Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH CRL OP(MD) No.17675 of 2018 KUMAR ... PETITIONER / SOLE ACCUSED Vs STATE REP. BY THE INSPECTOR OF POLICE, MAYILADUMPARAI POLICE STATION, THENI DISTRICT.

(IN CR NO. 76 OF 2018) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.A.JOSEPH JERRY 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 07.06.2018 for the offences punishable under Sections 294(b), 498(A) and 302 of I.P.C. He seeks bail.

2.The learned counsel for the petitioner would submit that the petitioner is facing a trial for the alleged offence under Sections 294(b), 498(A) and 302 I.P.C. The petitioner was not present before the court below on 22.05.2018 and hence, the court below issued a Non Bailable Warrant against the petitioner. Pursuant to the same, the petitioner was arrested by the respondent police and produced before the court below on 07.06.2018 and since then he has been in confinement.

3.The learned Government Advocate (Criminal Side) would submit that in this case, there are totally 23 witnesses to be examined on the side of the prosecution and already 20 witnesses have been examined.

4.Taking into consideration the facts and circumstances of the case, this Court is inclined to grant bail to the petitioner by imposing certain conditions. Accordingly, the petitioner is ordered to be released on bail subject to the following conditions: https://hcservices.ecourts.gov.in/hcservices/

(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, Theni.

(ii)the petitioner shall appear before the learned Judicial Magistrate, No.V, Madurai, on Monday and Friday at 10.30.am., till the completion of the case in S.C.No.173 of 2017, apart from the regular hearing dates.

sd/- 04/10/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, THENI.

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

3 THE JUDICIAL MAGISTRATE NO.V, MADURAI.

4 -DO- THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI.

5 THE INSPECTOR OF POLICE, MAYILADUMPARAI POLICE STATION, THENI DISTRICT . 6 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

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

+1. CC to M/S.A.JOSEPH JERRY Advocate SR.No.18835

ORDER

IN CRL OP(MD) No.17675 of 2018 Date :04/10/2018 JM/PN/SAR 1/04.10.2018/2P/9C https://hcservices.ecourts.gov.in/hcservices/