Danush@Danushkodi v. The Sub Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Fifth day of October Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH CRL OP(MD) No.17806 of 2018 DANUSH @ DANUSHKODI ... PETITIONER / ACCUSED NO.2 Vs STATE REP. BY THE SUB INSPECTOR OF POLICE, KURUMBUR POLICE STATION, THOOTHUKUDI DISTRICT.
(CR NO.40 OF 2018) ... RESPONDENT / COMPLAINANT For Petitioner : MR.J.DAVID GANESAN 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 05.09.2018 for the offence punishable under Sections 341, 294(b), 307, 506(ii) of IPC and Section 3 of TNPPDL Act, in Crime No.40 of 2018 on the file of the respondent police. He Seeks bail.
2. The case of the prosecution is that the petitioner along with A1 had quarreled with the victim and they are said to have attacked the victim with aruval. This incident had taken place on 04.03.2018 and First Information Report was registered on the same day. Based on the confession given by A1, this petitioner has also been arrayed as accused in this case.
3. The learned counsel for the petitioner would submit that the petitioner has got nothing to do with the alleged incident and he has been falsely implicated in this case. He would further submit that the incidents had taken place on 04.03.2018 and the petitioner was arrested on 05.09.2018, based on the confession statement given by A1. He would further submit that the petitioner is facing other cases which were registered against him before 2016. Hence, he prays for grant of bail to the petitioner.
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4. The learned Additional Public Prosecutor would submit that there are morethan 14 previous cases against the petitioner. He
would also submit that A1 has already been granted bail in this case. He would further submit that investigation is almost completed in this case.
5. Considering the above facts and circumstances and also considering the period of incarceration of the petitioner, and that the investigation is almost completed, 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, Srivaikundam (ii)the petitioner shall appear before the respondent police daily at 5.30 p.m. until further orders;
sd/- 05/10/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, SRIVAIKUNDAM.
2 -DO- THROUGH THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN.
3 THE SUB INSPECTOR OF POLICE, KURUMBUR POLICE STATION, THOOTHUKUDI DISTRICT.
4 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.J.DAVID GANESAN Advocate SR.No.18934
ORDER
IN CRL OP(MD) No.17806 of 2018 Date :05/10/2018 JM/PN/SAR 4/05.10.2018/2P/7C https://hcservices.ecourts.gov.in/hcservices/