Maniraja v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/02/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.2248 of 2022 Maniraja ... Petitioner/Accused Vs State rep.by The Inspector of Police, Nerkuppai Police Station, Sivagangai District.

(Crime No.3/2022).

... Respondent/Complainant For Petitioner : M/s.Venkatasubramaniyan S, Advocate. For Respondent : M/s.SS.Madhavan, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.3 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused, who was arrested on 08.01.2022 for the alleged offence under Sections 294(b), 323, 506(ii) IPC r/w 25(1-A) of Arms Act, in Crime No.3 of 2022, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that because of the previous enmity with regard to the love affair, the petitioner alleged to have by showing sword, criminally intimidated the defacto complainant and assaulted him. Hence, this complaint. 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. He further submitted that the petitioner was arrested and remanded to judicial custody is on 08.01.2022. Ever since, he is in custody and it is a case and case in counter and hence, he prays to grant of bail to the petitioner. 4.The learned Government Advocate (Crl.Side) submitted that it is a case and case in counter. On the basis of the complaint given by the petitioner, a case in Crime No.4 of 2022 was registered against the son of the defacto complainant and the petitioner is having 2 previous cases. Among which, one is 302 IPC case. 5.Considering the period of incarceration and also considering the fact that it is a case and case in counter, 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 learned Judicial Magistrate, Singampunari, and on further condition that the petitioner must stay away from the occurrence village for a month and must report before the learned Judicial Magistrate No.I, Trichy, daily at 10.30 a.m. until further orders. Sd/- 03/02/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.I) Madurai Bench of Madras High Court, Madurai - 625 023.

dss 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, SINGAMPUNARI.

2. -DO- THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.

3. THE OFFICER INCHARGE, SUB JAIL, VIRUDHUNAGAR.

4. THE INSPECTOR OF POLICE, NERKUPPAI POLICE STATION, SIVAGANGAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.2248 of 2022 Date :03/02/2022 SP/PN/SAR I/04/02/2022/3P/6C