Sabarinathan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12.04.2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Sabarinathan

...Petitioner/ sole accused

Versus

State Rep. by The Inspector of Police, Paramakudi Town Police Station, Ramanathapuram District.

(Crime No.110 of 2024)

...Respondent/Complainant

For Petitioner : Mr.D.Senthil, Advocate For Respondent : Mr.T.Senthil Kumar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.110 of 2024 on the file of the Respondent Police. 1/5

ORDER : The Court made the following order :- The respondent police registered a case as against this petitioner in Crime No.110 of 2024 for the offence under Section 294(b) IPC and Section 25(1-A) of Arms Act and remanded him into judicial custody on 25.03.2024. Therefore, the petitioner has filed this petition seeking bail.

2. The case of the prosecution is that the petitioner has illegally possessed a sword and threatened the public and the defacto complainant to close his chicken stall, namely, Fresh Meet at Paramakudi.

3. The learned counsel for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. However, he is languishing in jail from 25.03.2024. Hence, he prays for grant of bail to the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent strongly opposes to grant bail on the ground that the petitioner is having three previous case.

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5. The learned counsel appearing for the petitioner disputed the same and submitted that no one has been injured in the alleged occurrence.

6. Considering the facts and circumstances of the case, the period of incarceration and also considering the fact that no one has been injured in the alleged occurrence, this Court is inclined to grant bail to the petitioner.

7. Accordingly, this Criminal Original Petition is ordered and the petitioner is ordered to be released on bail i) on the petitioner executing a bond for a sum of Rs.50,000/-(Rupees Fifty Thousand) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Paramakudi.

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 appear before the respondent police daily at 10.30 a.m. until further orders. He has to co-operate for the investigation. iv) The petitioner shall not misuse the liberty granted to him by indulging in any further offence and shall not tamper with the prosecution 3/5

witnesses. He 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/- 12/04/2024 / TRUE COPY / 12/04/2024 Sub-Assistant Registrar (CS -I/ II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

ogy TO 1.THE JUDICIAL MAGISTRATE, PARAMAKUDI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM.

3.THE OFFICER IN CHARGE, DISTRICT PRISON, RAMANATHAPURAM.

4.THE INSPECTOR OF POLICE, PARAMAKUDI TOWN POLICE STATION, RAMANATHAPURAM DISTRICT.

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

+1 CC to M/s.D.SENTHIL, Advocate ( SR-4358[I] dated 12/04/2024 ) 4/5

ORDER

IN CRL OP(MD) No.5556 of 2024 Date :12/04/2024 RK/ (12/04/2024) 5P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5