Madras High CourtCRL OP(MD)/757/2022granted

Zankeer Batcha v. The Inspector Of Police

2022-01-12Honourable Mr Justice G.Ilangovan2 pages

CRL OP(MD). No.757 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12.01.2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.757 of 2022 Zankeer Batcha ... Petitioner/Sole Accused Vs State Represented by The Inspector of Police, Sholavandhan Police Station, Madurai District.

(In Crime No.374/2021). ... Respondent/Complainant For Petitioner : M/s.Jinnah.S.M.A, Advocate For Respondent : Mr.SS.Madhavan, Government Advocate (Criminal Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No. 374 of 2021 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/Sole Accused herein, who was arrested on 05.11.2021 for the alleged offences under Sections 294(b) and 302 IPC in Crime No.374 of 2021, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that on 04.11.2021, the defacto complainant along with other persons were sitting in the verandah portion of his house and they were teasing other people. At that time, this petitioner came and scolded them and quarrel arose between them and later, at about 01.45 pm, the petitioner came back along with knife and stabbed on the neck of the deceased on left hand side and also assaulted on his chest. The deceased was taken to the hospital and in the mid-way he died. Hence, the case. 3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution.

4.The learned Government Advocate (Criminal Side) submitted that there is no previous case against the petitioner. 5.Considering the period of incarceration and also considering the facts that there is no previous enmity between the de-facto complainant and the petitioner and the quarrel between them is on a https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.757 of 2022 petty issue, this Court is inclined to grant bail to the petitioner with stringent conditions.

6.Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail, on executing a personal 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 Principal District and Sessions Judge, Madurai. Due to COVID-19 pandemic situation, the petitioner shall report before the respondent police once in a month i.e., on first Monday of every English Calender Month at 10.30 a.m. until further orders. sd/- 12/01/2022 / TRUE COPY / 12/01/2022 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 PRINCIPAL DISTRICT AND SESSIONS JUDGE, MADURAI. 2 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

3 THE INSPECTOR OF POLICE SHOLAVANDHAN POLICE STATION, MADURAI DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT,MADURAI.

ORDER

IN CRL OP(MD) No.757 of 2022 Date :12/01/2022 RS/PN/SAR.1(12.01.2022) 2P-5C https://hcservices.ecourts.gov.in/hcservices/ 2/2