Sudalaikumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Seventh day of September Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice G.ILANGOVAN SUDALAIKUMAR ... PETITIONER/SOLE ACCUSED Vs THE STATE REP.BY THE INSPECTOR OF POLICE SERAKULAM POLICE STATION, TUTICORIN DISTRICT.

(IN CRIME NO.34 OF 2023).

... RESPONDENT/COMPLAINANT (*)ESAKKIMUTHU ...2ND RESPONDENT (*)R2 IS SUO-MOTU IMPLEADED AS PER ORDER OF THE COURT DATED 16/08/2023 IN CRL OP (MD)NO.12328 OF 2023.

For Petitioner : M/S.MAYILVAHANA RAJENDRAN.C, Advocate For Respondent No.1 : Mr.B.NAMBISELVAN, Additional Public Prosecutor For Respondent No.2 : MR.M.KARUNAKARAN, Advocate 1/5

PETITION FOR BAIL Under Sec. 439 Cr.P.C.

PRAYER:- FOR BAIL IN CRIME NO.34 OF 2023 ON THE FILE OF THE RESPONDENT POLICE.

ORDER : The Court Made the following order :- It is an issue between the petitioner and co-owners of the pump set regarding sharing of water, trouble arose between the parties, over which only, the present occurrence said to have taken place. In the previous hearing the petitioner was directed to resolve the issue amicably.

2. Today, when the matter is taken up for hearing, the learned counsel for the petitioner would submit that the petitioner is ready to settle the issue, but so far other co-owners are not coming forward.

3. The learned counsel for the defacto complainant would submit that because of the bad antecedent of the petitioner only, other co-owners are not ready. They are 2/5

afraid of this petitioner, because of only the above said settlement could not be arrived.

4. The learned Additional Public Prosecutor would submit that now Final Report is made ready and yet to be presented before the concerned trial Court.

5. Recording the submission made by the learned Additional Public Prosecutor, the respondent is directed to present the above said Final Report before the concerned trial Court immediately.

6. Now the learned counsel for the petitioner would further submit that the petitioner is ready to settle the issue and is ready to sell the entire property to the coowners, if they are willing.

7. In view of the submission made by the learned counsel for the petitioner, even though the petitioner is not having good conduct, the interim bail that has been already granted by this Court, is made absolute,since the petitioner is ready to settle the issue.

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8. The petitioner is directed to appear before the respondent Police, daily at 10.30 a.m., until further orders.

sd/- 07/09/2023 / TRUE COPY / 07/09/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

indu TO 1 THE JUDICIAL MAGISTRATE NO.I, SRIVAIKUNDAM.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT.

3 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI.

4 THE INSPECTOR OF POLICE SERAKULAM POLICE STATION, TUTICORIN DISTRICT.

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

ORDER

IN Date :07/09/2023 RK (07/09/2023) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5