Pragadeesh @ Pragadeeshkumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Dated: 04/02/2022 PRESENT The Hon'ble Mr.Justice G.ILANGOVAN Pragadeesh @ Pragadeeshkumar : Petitioner/Accused No.3 Vs.

State rep. By The Inspector of Police, Chinnamannur Police Station, Theni District.

(Crime No.188 of 2021) : Respondent/Complainant For Petitioner : Mr.M.Shakul Hameed Advocate For Respondent : Mr.P.Kottai Chamy Government Advocate (Crl. side) PETITION FOR BAIL under Sec.439 of Cr.P.C PRAYER :- For Bail in Crime No.188 of 2021 on the file of the Respondent Police.

ORDER : The Court made the following order:- The petitioner, who is arrayed as A3 was arrested and remanded to judicial custody on 12/12/2021 for the offences punishable under sections 147, 148, 294(b), 341, 323, 342 and 506(ii) IPC @ 147, 148, 342, 302 r/w 149 IPC, in Crime No.188 of 2021 on the file of the respondent police, seeks bail.

2.The petitioner is facing the charges under sections 147, 148, 342, 302 r/w 149 IPC.

3.Heard both sides.

4.Reading of the FIR shows that because of the dispute between two groups during the election process of voting this petitioner along with the others alleged to have made assault the deceased with aruval, wooden log etc., and the injured was taken to the hospital and after four days of the occurrence, he died in the hospital on 08/04/2021.

5.The learned counsel appearing for the petitioner would submit that originally 11 persons were named in the FIR naming some of the accused persons as known as well as unknown persons. But reading of 1/3

the FIR shows that eight persons shown as accused persons and the petitioner name is also mentioned as A2. No doubt his name has been wrongly mentioned in the FIR. But his father name has been correctly mentioned.

6.Considering above facts and circumstances of the case and also considering the duration of the custody of the petitioner and the fact that no previous antecedent is against the petitioner and the major portion of the investigation might have been over by this time, this court is inclined to enlarge the petitioner on bail with certain conditions.

7.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, Uthamapalayam, Theni District and on further condition that the petitioner shall report before the learned Judicial Magistrate No.1, Madurai daily at 10.30 a.m. until further orders. The petitioner is also directed to stay away from the occurrence village.

sd/- 04/02/2022 / TRUE COPY / 04/02/2022 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, UTHAMAPALAYAM.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT.

3 THE INSPECTOR OF POLICE CHINNAMANUR POLICE STATION, THENI DISTRICT.

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4 THE JUDICIAL MAGISTRATE NO.1, MADURAI DISTRICT.

5 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

6 THE OFFICER INCHARGE, DISTRICT JAIL, THENI DISTRICT.

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

ORDER

IN CRL OP(MD) No.1776 of 2022 Date :04/02/2022 RS/VR/SAR.2(04.02.2022) 3P-8C 3/3