Kalaiselvan v. The Inspector Of Police

CRL OP(MD) No.19400 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Ninth day of December Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD) No.19400 of 2021 KALAISELVAN ... PETITIONER / ACCUSED NO.2 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE RAGUNATHAPURAM POLICE STATION, PUDUKKOTTAI DISTRICT.

(CRIME NO.169/2021) ... RESPONDENT / COMPLAINANT For Petitioner : Mr.D.RAMESHKUMAR, Advocate.

For Respondent : MR.R.MEENAKSHI SUNDARAM, Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C.

Prayer:-For Bail in Crime No.169 of 2021 on the file of the Respondent police.

ORDER : The Court Made the following order :- The petitioner has been arrayed as A2 in Crime No.169 of 2021, which was registered for the offences under sections 392 and 397 IPC and he was arrested and remanded to judicial custody, on 15.11.2021. The bail application that was filed by the petitioner along with the co-accused came to be dismissed by the learned Principal District & Sessions Judge, Pudukottai, in Crl.MP No.4668 of 2021, on 22.11.2021.Aggrieved over the same, this petition came to be filed by this petitioner seeking the relief of bail. 2.Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the State. 3.The learned counsel appearing for the petitioner would submit that the petitioner is not involved in any previous case similar in nature.

This is also fairly admitted by the learned Additional Public Prosecutor. The learned counsel appearing for the petitioner would further submit that since because of the 3rd accused and other accused are the friends of this petitioner, he has also been falsely implicated in this case.

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CRL OP(MD) No.19400 of 2021 4.But however, reading of the FIR shows that Elayaraja namely A1 and Dhanasekaran, who is A3 and the petitioner/A2 herein came to the petrol bunk and demanded that petrol must be filled on loan basis. When that was refused, the de-facto complainant was assaulted on the way to the petrol bunk and on getting the information from the Manager, midway he was intercepted and dropped a sum of Rs.1,000/- at knife point.

5.Even though the allegations are very serious in nature, considering the fact that this petitioner is not involved in any previous case, this Court is inclined to grant bail to the petitioner with certain conditions.

6.Accordingly, the petitioner is ordered to be released on bail on his executing 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, Alangudi, Pudukkottai District and on further condition that the petitioner shall report before the respondent police daily at 10.00 am until further orders.

sd/- 09/12/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, ALANGUDI, PUDUKKOTTAI DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI DISTRICT.

3 THE INSPECTOR OF POLICE RAGUNATHAPURAM POLICE STATION, PUDUKKOTTAI DISTRICT. 4 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.

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

ORDER

IN CRL OP(MD) No.19400 of 2021 Date :09/12/2021 ER MK/PN/SAR.II/10.12.2021/2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2