Pretham v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/02/2022 PRESENT The Hon`ble Mr.Justice R.THARANI Pretham ... Petitioner/Accused No.2 Vs State Rep.by The Inspector of Police, Palayamkottai Police Station, Tirunelveli District.

(Crime No.2/2022). ... Respondent/Complainant For Petitioner : M/s.V.Angusamy Advocate.

For Respondent : Mr.R.Suresh Kumar Government Advocate PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.2 of 2022 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/Accused No.2 herein, who was arrested on 02.01.2022 for the alleged offence under Sections 147, 148, 341, 294 (b), 307, 323, 363 and 506(ii) of IPC in Crime No.2 of 2022, on the file of the respondent police, seeks bail.

2.The case against the petitioner is that on 01.01.2022, at about 7 p.m., the petitioner along with the other accused way laid the defacto complainant and attacked him and caused injuries to him. 3.On the side of the petitioner, it is stated that the petitioner is a college going student, studying B.A. English and that no previous case is pending against him. It is also stated that the injured has been treated as out patient and the petitioner was arrested and remanded to judicial custody on 02.01.2022. The petitioner is in custody for the past 40 days. All the co-accused were already released on bail. Hence he prays for grant of bail. 1/3

4.On the side of the prosecution, it is stated that totally 6 accused involved in the offence, the petitioner is arrayed as A2. The petitioner along with other accused waylaid the defacto complainant and try to murder him. The specific overt act against the petitioner is that he caused head injuries to the defacto complainant. It is also stated that the petitioner is having two previous cases and prayed the petition to be dismissed. 5.Considering the period of incarceration and considering the fact that the co-accused are already released on bail, this Court is inclined to grant bail to the petitioner, on the following 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 learned Judicial Magistrate No.1, Tirunelveli, and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders. sd/- 10/02/2022 / TRUE COPY / 10/02/2022 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 NO.I, TIRUNELVELI DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3 THE INSPECTOR OF POLICE PALAYAMKOTTAI POLICE STATION, TIRUNELVELI DISTRICT.

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4 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI, TIRUNELVELI DISTRICT.

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

+1 CC to M/s.V.ANGUSAMY, Advocate ( SR-983[I] dated 10/02/2022 )

ORDER

IN CRL OP(MD) No.2479 of 2022 Date :10/02/2022 RS/VR/SAR.2(10.02.2022) 3P-7C 3/3