Madras High CourtCRL OP(MD)/5118/2024ordered

Sevugaperumal v. The Inspector Of Police

2024-04-02Honourable Mr Justice B.Pugalendhi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02.04.2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI

1. Sevugaperumal

2. Gandhi ... Petitioners/A1 and A2

Versus

State Rep. by The Inspector of Police, Thiruppalai Police Station, Madurai City.

(Crime No.301 of 2024) ... Respondent/Complainant For Petitioners : Mr.A.Vadivel Advocate.

For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.301 of 2024 on the file of the Respondent Police. 1/5

ORDER : The Court made the following order :- The petitioners/A1 and A2, who were arrested and remanded to judicial custody on 12.03.2024 for the offence punishable under Sections 294(b) and 506(ii) IPC and Section 4(a) of the Explosive Substances Act, 1908 in Crime No.301 of 2024 on the file of the respondent police, seek bail.

2. There is a civil dispute between the petitioners and the defacto complainant. The case of the prosecution is that on 12.03.2024, due to previous enmity, the petitioners are alleged to have thrown two packets, filled with petrol, on the defacto complainant.

3. The learned counsel for the petitioners submits that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. He further submits that the petitioners are languishing in jail from 12.03.2024. Therefore, he prays for grant of bail.

4. The learned Additional Public Prosecutor appearing for the respondent submits that no one has been injured in the occurrence. 2/5

5. Considering the period of incarceration and also considering the fact that no one has been injured in the occurrence, this Court is inclined to grant bail to the petitioners.

6. Accordingly, this Criminal Original Petition is ordered and the petitioners are ordered to be released on bail i) on the petitioners executing a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand) each, with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Madurai. ii) The petitioners 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 petitioners shall appear before the respondent police daily at 10.30 a.m. for a period of one week and thereafter shall appear as and when required by the respondent police. They have to co-operate for the investigation. 3/5

iv) The petitioners shall not misuse the liberty granted to them by indulging in any further offence and shall not tamper with the prosecution witnesses. They shall be available for the trial as well.

v. On violation of any of the above conditions by the petitioners, the respondent police shall move an application for cancellation of the bail. sd/- 02/04/2024 / TRUE COPY / 02/04/2024 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.

OGY TO 1 THE JUDICIAL MAGISTRATE NO.II, MADURAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI.

3 THE INSPECTOR OF POLICE THIRUPPALAI POLICE STATION, MADURAI CITY.

4 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

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

4/5

+1 CC to M/s.A.VADIVEL, Advocate ( SR-4062[I] dated 02/04/2024 )

ORDER

IN CRL OP(MD) No.5118 of 2024 Date :02/04/2024 SS/SAR- /02/04/2024/5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5