1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Criminal Jurisdiction) Monday, the Nineteenth day of September Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.12390 of 2011 S. GIRINIVASA PRASAD :PETITIONER / ACCUSED -Vs- THE STATE REP. BY THE INSPECTOR OF POLICE, KOTTAR POLICE STATION, KANYAKUMARI DISTRICT. CRIME NO.2190/2011 :RESPONDENT / COMPLAINANT For Petitioner : M/S. S.STANLEY JOHN 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 arrested and remanded to judicial custody on 06.09.2011 for the alleged offence punishable under Sections 294(b), 332 and 307 I.P.C., in Crime No.2190 of 2011 on the file of the respondent police and hence, seeks bail. 2.The learned counsel for the petitioner would submit that the petitioner is a practising advocate. He further submitted that the petitioner is an innocent person and a false case has been foisted against him under Sections 294(b), 332 and 307 I.P.C. He further submitted that the petitioner has given a private complaint against the police persons and in order to wreak vengeance, the present complaint has been registered against the petitioner. He further submitted that the narration of the F.I.R. is a false one and no one sustained injury in the alleged occurrence and the investigation is considerably over and hence, he prays for enlargement on bail. 3.Refuting the same, the learned Additional Public Prosecutor would submit that the petitioner is the sole accused and four cases are pending against the petitioner. He further submitted that the defacto complainant is a Inspector of Police, when he has discharging his duty to attempt to arrest the petitioner in Crime No.827 of 2011, the alleged occurrence has been taken place. He further submitted that even though he was not sustained any bleeding injury, he was not discharged from the hospital. He further submitted that the investigation is going on and hence, he prays for dismissal of this application. https://hcservices.ecourts.gov.in/hcservices/ 2 4.Considering the rival submissions made by both sides and on perusal of the records, it is seen that the alleged occurrence has been taken place on 06.09.2011 and on the day, one Selvakumar has given a complaint, which was registered in Crime No.827 of 2011 under Sections 341, 294(b), 323 and 506(ii) I.P.C. in that complaint, it was specifically mentioned that the occurrence has been taken place on 06.09.2011 at 11.05 hours and they investigate the same to the petitioner in the place of Kalaimahal Street at 13.15 hrs, the alleged occurrence is said to be happened. It is appropriate to consider the arguments advanced by the learned counsel for the petitioner is that the petitioner is a practising advocate and his family members also doing the legal profession and he is questioning the activities of the police and also the political personals and hence, he has filed 40 cases against the police personals and in order to wreak vengeance, a false case has been foisted against him under Sections 294(b), 332 and 307 I.P.C. 5.Considering the facts and circumstances of the case and also considering the averments in the petitioner's application, the injured has not sustained any bleeding injury however, no medical documents has not been filed before this Court and the petitioner is in judicial custody from 06.09.2011, I am 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 No.II, Nagercoil, and on further condition that the petitioner shall report before learned Judicial Magistrate, Padmanabapuram, daily at 10.30 a.m. until further orders. sd/- 19/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO: 1.The Judicial Magistrate No:II, Nagercoil, Kanyakumari District. 2.The Judicial Magistrate, Padmanabapuram, Kanyakumari Dt. 3.-Do-Thro'The Chief Judicial Magistrate, Kanyakumar @ Nagercoil. 4.The Public Prosecutor,Madurai Bench of Madras High Court,Madurai 5.The Inspector of Police,Kottar Police Station, Kanyakumari Dt. 6.The District Prison, Nagercoil. +1. CC to M/S. S.STANLEY JOHN Advocate SR.No.31941. RP/19.09.2011/2P/8C. ORDER IN CRL OP(MD) No.12390/2011 Date :19/09/2011. https://hcservices.ecourts.gov.in/hcservices/