CRL OP(MD)/23548/2013 of KALI @ KALIMUTHU Vs THE INSPECTOR OF POLICE on 30 December 2013

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT( Criminal Jurisdiction )Monday, the Thirtieth day of December Two Thousand ThirteenPRESENT

The Hon`ble Mr Justice P.N.PRAKASH

CRL OP(MD) No.23548 of 2013

1 KALI @ KALIMUTHU 2 M.KARTHIK ... PETITIONERS / ACCUSED 1 & 7

Vs

THE STATE REP.BY THE INSPECTOR OF POLICE THEPPAKULAM POLICE STATION,MADURAI.

(CRIME NO.876 OF 2013) ... RESPONDENT / COMPLAINANT

For Petitioner : M/S.R.VENKATESAN Advocate For Respondent : MR.C.RAMESH, ADDITIONAL PUBLIC PROSECUTOR

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

ORDER : The Court Made the following order :- The petitioners, who were remanded to the judicial custody bythe respondent police on 21.08.2013 for the alleged offences underSections 147, 148, 341, 447 and 307 of IPC in Crime No.876 of 2013,seek bail.

2. It is the case of the prosecution that on 21.08.2013 thepetitioners and other accused persons threatened the defactocomplainant with dire consequences and abused with filthy words andattempted to murder the defacto complainant with deadly weapons andthereafter the defacto complainant escaped from the petitioners andlodged the complaint.

3. Learned counsel appearing for the petitioners would submitthat the allegations are false and the petitioners are no wayconnected with the offence as alleged by the respondent and earlier,the petitioners have got anticipatory bail by the Principal SessionsJudge, Madurai in Cr.M.P.No.7598 of 2013 on 20.09.2013 and theycould not able to produce the sureties before the Magistrate andhttps://hcservices.ecourts.gov.in/hcservices/thereafter, the petitioners have been arrested on execution of P.T.Warrant.

4. Learned Additional Public Prosecutor submitted that thepetitioners were arrested on execution of P.T. Warrant.

5. Heard the learned counsel appearing for the petitioners andthe learned Additional Public Prosecutor appearing for the State andalso perused the materials available on record.

6. Considering the facts and circumstances of the case thisCourt is inclined to enlarge the petitioners on bail on thefollowing conditions. Accordingly, the petitioners are directed tobe released on bail on each of them executing a bond for a sum ofRs.10,000/- (Rupees ten thousand only) with two sureties each for alike sum to the satisfaction of the learned Judicial MagistrateNo.1, Madurai and on further condition that the petitioners shallappear before the respondent police as and when required.

sd/-

30/12/2013

Sub-Assistant Registrar (C.S.)

TO

1 THE JUDICIAL MAGISTRATE NO.1, MADURAI.

2 -DO-THRO' THE CHIEF JUDICIAL MAGISTRATE,MADURAI.

3 THE INSPECTOR OF POLICE, THEPPAKULAM POLICE STATION, MADURAI.

4 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

5 THE ADDL. PUBLIC PROSECUTOR,

MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.R.VENKATESAN Advocate SR.No.64377.