Surendhar v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/01/2022 PRESENT The Hon'ble Mr.Justice G.ILANGOVAN SURENDHAR ... PETITIONER/ACCUSED NO.1 IN CRL.O.P.(MD).NO.489 OF 2022 MUTHUMANIKANDAN ... PETITIONER/ACCUSED NO.4 IN CRL.O.P.(MD).NO.490 OF 2022 VS THE STATE REP. BY, THE INSPECTOR OF POLICE, PATTUKOTTAI TOWN POLICE STATION, THANJAVUR DISTRICT.
(CRIME NO. 1078 OF 2021).
... RESPONDENT/COMPLAINANT IN BOTH PETITIONS.
For Petitioner : M/s.Karunakaran K.M., Advocate. (in both petitions) For Respondent : Mr.S.S.Madhavan, Government Advocate (Crl.Side) (in both petitions) PETITIONS FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- For Bail in Crime No.1078 of 2021 on the file of the Respondent Police.
COMMON ORDER : The Court made the following order :- The petitioners/Accused NO.1 and 4 herein, who were arrested on 13.10.2021 and 14.10.2021 respectively for the alleged offences under Sections 21(1A), 27(1) of Arms Act and 147, 148, 294(b), 323, 324, 427, 506(ii) of IPC altered into Sections 21(1A), 27(1) of Arms Act and Section 3 of IES Act and 147, 148, 294(b), 323, 324, 427, 506(ii) of IPC, in Crime No.1078 of 2021 on the file of the respondent police, seek bail.
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2.The case of the prosecution is that the petitioner along with other accused persons waylaid the defacto complainant and attacked him with deadly weapons and caused injuries and thereafter, they went to the shop of Senthilkumaran Agencies and attacked the owner of the shop and caused damages to the materials. Hence, the complaint.
3.The learned counsel for the petitioner submitted that the petitioners are innocent persons and they were falsely implicated in this case and they have not committed any offence as alleged by the prosecution.
4.The learned Government Advocate (Crl. side) submitted that the petitioners are not having many previous cases. They are habitual offenders. Investigation is not completed so far. They are prepared to open the history sheet against the petitioners. The petitioners are in custody for a period of 90 days. Hence, the statutory period is over.
5.Considering the period of incarceration and the petitioners are entitled for grant of statutory bail, this Court is inclined to grant bail to the petitioners with certain conditions. 6.Accordingly, the petitioners are ordered to be released on bail, on executing a personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Pattukottai, and on further condition that the petitioners shall report before the respondent police once in fifteen days at 10.30 a.m. until further orders.
sd/- 12/01/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
TO
1. THE JUDICIAL MAGISTRATE, PATTUKOTTAI.
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2. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, THANJORE DISTRICT AT KUMBAKONAM.
3. THE OFFICER INCHARGE, DISTRICT JAIL, PUDUKKOTTAI.
4. THE INSPECTOR OF POLICE, PATTUKOTTAI TOWN POLICE STATION, THANJAVUR DISTRICT.
5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN Date :12/01/2022 USK/JC/SAR-I/12.01.2022/3P/6C 3/3