BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Thirtieth day of September Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.13128 of 2011 KARTHICK ... PETITIONER / ACCUSED 7 Vs STATE REP BY:: THE INSPECTOR OF POLICE THADIKOMBU POLICE STATION, DINDIGUL DISTRICT. CR.NO.567 OF 2011. ... RESPONDENT / COMPLAINANT For Petitioner : M/S. M.VEILKANI RAJU 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 A7 and he was arrested and remanded to judicial custody on 21.09.2011 for the alleged offence punishable under Sections 147, 148, 294(b), 341, 323, 324, 364 and 307 I.P.C., in Crime No.567 of 2011 on the file of the respondent police and hence, seeks bail. 2. The case of the prosecution is that on 20.09.2011 at about 3.30 p.m., when the defcto complaint come out from G.T.N.College with the bike, he dashed one Gangadharan, who is also studying 3rd year in the same college and hence, the petitioner and others abused the defacto complainant and inflicted injuries on the defacto complainant. 3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that the investigation is considerably over and the injured has already been discharged from the hospital and no specific overt act attributed against the petitioner and hence, he prays for enlargement on bail. 4. Refuting the same, the learned Additional Public Prosecutor would submit that the petitioner is not a college student and he is a https://hcservices.ecourts.gov.in/hcservices/ outsider and he was assisting one Gangadharan. He further submitted that the petitioners and others were joint together abused the defacto complainant and inflicted injury on the victim/defacto complainant and the investigation is going on. He fairly conceded that the injured has already been discharged from the hospital, however, he prays for dismissal of this application. 5. Considering the rival submissions made by both sides and also considering the fact that the alleged occurrence has been taken place on 20.09.2011, when the defacto complainant has come out of the college with bike, he dashed one Gangadharan and hence, the said Gangadharan taken the petitioner and others to the occurrence place and abused the defacto complainant and inflicted injury on the defacto complainant and there is no overt act against the petitioner and as per the version of the learned Additional Public Prosecutor that the injured person has already been discharged from the hospital, 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, Dindigul and on further condition that the petitioner shall report before the Court concerned daily at 10.30 a.m. until further orders. sd/- 30/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE NO.II, DINDIGUL 2 DO THRO' THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL 3 THE ADDL. PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT MADURAI 4 THE INSPECTOR OF POLICE, THADIKOMBU POLICE STATION,DINDIGUL DISTRICT. 5 THE OFFICER INCHARGE, DISTRICT PRISON, DINDIGUL 1. CC to M/S. M.VEILKANI RAJU Advocate SR.No.34315: DM::2011:SEPTEMBER:30:: ORDER IN CRL OP(MD) No.13128 of 2011 Date :30/09/2011 2P:7C:: https://hcservices.ecourts.gov.in/hcservices/