1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Sixteenth day of September Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.12313 of 2011 SUDALAI KUMAR ... PETITIONER/ACCUSED Vs THE STATE REP.BY THE INSPECTOR OF POLICE SEIDUNGANALLUR POLICE STATION, THOOTHUKUDI DISTRICT, CRIME NO.190/2011 ... RESPONDENT/COMPLAINANT For Petitioner : M/S. S.DHIRAVIYARAJ Advocate For Respondent : MR. A.RAMAR, Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C. ORDER : The Court Made the following order :- The petitioner is arrayed as an accused and he was surrendered on 20.08.2011 for the alleged offence punishable under Sections 294(b), 506 (ii) and 307 IPC., in Crime No.190 of 2011 on the file of the respondent police and hence, seeks bail. 2.The learned counsel for the petitioner would submit that because of the stagnation of the drainage water in front of the petitioner's house and the de-facto complainant's house, a wordy quarrel arose, which leads to assault and hence, a case has been registered against the petitioner. He further submitted that injured has already been discharged from the hospital and he is in custody for the past 25 days and hence, he prays for enlargement on bail. 3.Refuting the same, the learned Additional Public Prosecutor would submit that because of the stagnation of the drainage water in front of the petitioner's house and the de-facto complainant's house, a wordy quarrel arose, which leads to the alleged occurrence. He further submitted that three injured persons have already been discharged from the hospital. He further submitted that he is having three previous case, out of which, in https://hcservices.ecourts.gov.in/hcservices/ 2 one case, while he was taken to the Court, he was escaped from the escort police and jumped into the Thamirabarani River. He further submitted that since the investigation is going on, he prays for dismissal of this application. 4.Considerign the rival submissions made by both sides and also considering the fact that because of the stagnation of the drainage water in front of the de-facto complainant's house and the petitioner's house, the alleged occurrence has been taken place on 18.08.2011 and the petitioner is having three previous cases and after the commission of offence, when he was taken to Court, he was escaped from the escort police and jumped into the Thamirabarani River and even though the petitioner has stated all this things in his application, considering his bad antecedents, I am not inclined to grant bail to the petitioner. Accordingly, the Criminal Original Petition is dismissed. sd/- 16/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1 THE JUDICIAL MAGISTRATE, THOOTHUKUDI 2 THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI 3 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI 4 THE INSPECTOR OF POLICE, SEIDUNGANALLUR POLICE STATION, THOOTHUKUDI DISTRICT 5 THE PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S. S.DHIRAVIYARAJ Advocate SR.No.31928 ORDER IN CRL OP(MD) No.12313 of 2011 Date :16/09/2011 TR : 20.09.2011: 2p/7c https://hcservices.ecourts.gov.in/hcservices/