Granted bail to the sixth accused arrested for theft and alleged attempted attack on police officials. Court relied on lack of injuries sustained to allow release on bond with surrender conditions.
Petitioner granted bail on execution of bond for Rs. 10,000 with two sureties, subject to daily appearance at police station for fifteen days.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )
Monday, the Sixth day of March Two Thousand Seventeen
PRESENT
The Hon`ble Dr.Justice G.JAYACHANDRAN
CRL OP(MD) No.2344 of 2017
ESAKKIMUTHU ... PETITIONER / 6th ACCUSED
1 THE INSPECTOR OF POLICE ALWAR THIRUNAGARI POLICE STATION, THOOTHUKUDI DISTRICT (CRIME NO. 16 OF 2017) ... RESPONDENT/ COMPLAINANT
For Petitioner : M/S.S.R.DURAI RAJ Advocate
For Respondent : MR.K.V.Rajarajan, Govt. Advocate ( Crl. Side)
PETITION FOR BAIL Under Sec. 439 Cr.P.C.
ORDER : The Court Made the following order :-
The petitioner/sixth accused, was arrested and remanded to judicial custody on 14.02.2017 for the alleged offences punishable under Sections 147, 148, 294(b), 353, 307 & 506(ii) of I.P.C in Crime No.16 of 2017 on the file of the respondent police and hence, seeks bail.
2.The case of the prosecution is that the petitioner along with other accused committed theft of river sand and when the vehicle was intercepted, the accused persons tried to attack the defacto complainant, who is a police official.
3.The learned Government Advocate(Crl. Side) appearing for the respondent on instructions submitted that no-one sustained injury in the alleged occurrence.
executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) https://hcservices.ecourts.gov.in/hcservices/ with twosureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Srivaikundam and on further condition
that the petitioner shall stay at Madurai and appear before the Tallakulam Police Station daily at 5.30 p.m., for a period of fifteen days.
sd/06/03/2017 / TRUE COPY /
Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 JUDICIAL MAGISTRATE, SRIVAIKUNDAM.
2 THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI. 3 THE ADDITIONAL PUBLICPROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 4 THE INSPECTOR OF POLICE, ALWAR THIRUNAGARI POLICE STATION, THOOTHUKUDI DISTRICT (CRIME NO. 16 OF 2017)
+1. CC to M/S.M.S.Jayakarthik Advocate SR.No.12769
ORDER IN CRL OP(MD) No.2344 of 2017 Date :06/03/2017 KK-SV-MMS-SAR3-07.03.2017-2P-6C
2 issues framed by the court
Whether bail should be granted to the sixth accused charged under Sections 147, 148, 294(b), 353, 307 and 506(ii) IPC in a case involving attempted attack on police.
Whether the fact that no person sustained injury warrants granting bail with conditions.
1 provisions across 1 enactments
Essakimuthu
Inspector of Police Alwar Thirunagari
Dr. Justice G. Jayachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
