P. Chandru v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/04/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI P. Chandru, ... Petitioner/Sole Accused Vs The Inspector of Police, Devadanapatti Police Station, Theni District.

Crime No. 95/2024.

... Respondent/Complainant For Petitioner : M/s.Pal Murugan.K,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. 95 of 2024 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner, who was arrested on 19.02.2024 for the alleged offence under Sections 294(b), 307 & 324 IPC in Crime No.95 of 2024 on the file of the respondent police, seeks bail.

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2.The case of the prosecution is that on account of a wordy altercation between the petitioner and the defacto complainant, the petitioner has assaulted the defacto complainant by using an Aruval and caused injuries to him. 3.The learned counsel for the petitioner submits that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution. He is languishing in jail from 08.03.2024. The petitioner has not involved in any other case. He has already moved a bail application before the Principal District and Sessions Court, Theni and the same was dismissed on 01.04.2024. 4.The learned Additional Public Prosecutor appearing for the respondent objects for grant of bail that the petitioner is having two previous cases pending as against him, out of which, one case is under the NDPS Act and another case has been registered for IPC offence.

5. Considering the facts and circumstances of this case and considering 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, Periyakulam, Theni District. 2/4

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 and 5.00 p.m until further orders.

iv) The petitioner shall not misuse the liberty granted to him by 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/- 10/04/2024 / TRUE COPY / 10/04/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

VRN TO THE JUDICIAL MAGISTRATE, PERIYAKULAM, THENI DISTRICT.

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DO THROUGH:

THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT.

THE INSPECTOR OF POLICE DEVADANAPATTI POLICE STATION, THENI DISTRICT. THE OFFICER INCHARGE DISTRICT JAIL, THENI.

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

+1 CC to M/s.K.PALMURUGAN, Advocate ( SR-4289[I] dated 10/04/2024 )

ORDER

IN CRL OP(MD) No.5504 of 2024 Date :10/04/2024 PKP/10.04.2024/ 4P/ 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4