Alaguraja v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/04/2024 PRESENT THE HON`BLE MR.JUSTICE B.PUGALENDHI Alaguraja, S/o Muthumurugan, No. 69, 1st Street, Vayalur, Madurai North Taluk, Madurai District.

... Petitioner/Accused-5 Vs The Inspector of Police, Jaihindpuram Police Station, Madurai.

Crime No. 31/2024.

... Respondent/Complainant For Petitioner : M/s.Prabha.S, Advocate.

For Respondent : Mr.T.Senthilkumar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No. 31 of 2024 on the file of the respondent police. ORDER : The Court made the following order :- 1/5

The respondent police registered a case as against this petitioner and others in Crime No.31 of 2024 for the offence punishable under Sections 147,148,324,302 and 120B of IPC and remanded to judicial custody on 29.01.2024.

2. Totally, there are 13 accused in this case. The petitioner is arrayed as A5. The case of the prosecution is that there is a dispute with regard to the auction for vegetable market, due to which, the accused persons have brutally attacked the deceased. The specific overt act as against this petitioner is that he along with the other accused was present in the scene of occurrence with Aruval. 3.The learned counsel for the petitioner submits that the petitioner has not committed any offence as alleged by the prosecution. However, he has been arrested based on the confession statement given by the co-accused. Therefore, he prays for grant of bail.

4. The learned Additional Public Prosecutor appearing for the respondent has raised serious objections for grant of bail to the petitioner that the investigation is under progress.

2/5

5. Considering the facts and circumstances of this case, the overt act attributed as against this petitioner and taking into consideration of the period of incarceration, this Court is inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition is ordered and the petitioner is ordered to be released on bail on the following conditions:- i) The petitioner shall execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.IV, Madurai. ii) The petitioner and the sureties shall submit a copy of their Aadhaar Card or any other identity card issued by the Government in proof of their residence address;

iii) The petitioner shall report before the respondent police daily at 10.30 a.m until further order.

iv) The petitioner shall not misuse the liberty granted to him by 3/5

indulging in any further offence and shall not tamper with the prosecution witnesses. The petitioner shall be available for the trial as well. v) On violation of any of the above conditions by the petitioner, the respondent police shall move an application for cancellation of the bail. sd/- 03/04/2024 / TRUE COPY / 03/04/2024 Sub-Assistant Registrar (AE ) Madurai Bench of Madras High Court, Madurai - 625 023.

vrn TO

1. The Judicial Magistrate No.IV, Madurai.

2. Do-Through The Chief Judicial Magistrate, Madurai District.

3. The Officer in Charge, District Jail, Theni.

4. The Inspector of Police, Jaihindpuram Police Station, Madurai.

5. The Additional Public Prosecutor, 4/5

Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.4839 of 2024 Date :03/04/2024 RK (03/04/2024) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5