Ilaiyaraja 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 Ilaiyaraja
...Petitioner/Accused No.2
Versus
The Inspector of Police, Nachiyarkoil Police Station, Thanjavur District.
In Cr.No.227/2024
...Respondent/Complainant
For Petitioner : Mr.K.Suyambulinga Bharathi 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.227 of 2024 on the file of the Respondent Police. ORDER : The Court made the following order :- The respondent police registered a case as against this petitioner in Crime 1/5
No.227 of 2024 for the offence under Sections 294(b), 352, 506(ii) IPC and Section 25 (1A) of Arms Act 1959 and remanded him into judicial custody on 30.03.2024. Therefore, the petitioner has filed this petition seeking bail.
2. The defacto complainant is doing bricklin business. The case of the prosecution is that there was an enmity between A1 and the defacto complainant's son-in-law, namely, Arunkumar. On 29.03.2024, at about 6.30 p.m. when the defacto complainant was in his brick chamber, the petitioner and other accused came there in a two wheeler bearing Reg.No.TN68 J 7062 and also abused him and his son-in-law in filthy language and assaulted him with a sickle. Hence, the case.
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 30.03.2024. Hence, he prays for grant of bail to the petitioner.
4. The learned Additional Public Prosecutor appearing for the respondent opposes for grant of bail on the ground that the investigation is yet to be completed. However, he fairly submits that no one has been injured in the alleged occurrence. 2/5
5. 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.
6. 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.25,000/- (Rupees Twenty Five Thousand), with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Kumbakonam, Thanjavur District.
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 witnesses. He shall be available for the trial as well. 3/5
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 ) Madurai Bench of Madras High Court, Madurai - 625 023.
OGY TO 1.THE JUDICIAL MAGISTRATE, KUMBAKONAM, THANJAVUR DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR @ KUMBAKOAM.
3.THE OFFICER IN CHARGE, DISTRICT PRISON, PUDUKKOTTAI DISTRICT.
4.THE INSPECTOR OF POLICE, NACHIYARKOIL POLICE STATION, THANJAVUR DISTRICT.
5.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.K.SUYAMBULINGA BHARATHI, Advocate ( SR-4337[I] dated 12/04/2024 ) 4/5
ORDER
IN CRL OP(MD) No.5587 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