Vijay @ Vijai v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15/04/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI
1. Vijay @ Vijai S/o.Muthaiah, Jallipatti, Jambuduraikottai Village, Nilakottai Taluk, Dindigul District..
2. Kalaingar @ Ranjithkumar, S/o.Katthappan, Jallipatti, Jambuduraikottai Village, Nilakottai Taluk, Dindigul District..
... Petitioners/Accused Rank not known Vs The Inspector of Police, Ammaiyanaickanur Police Station, Dindigul District.
(In Crime No.57/2024)..
... Respondent/Complainant For Petitioner : Mr.B.Arun, Advocate.
For Respondent : Mr.T.Senthil Kumar, Additional Public Prosecutor 1/5
PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- For Bail in Crime No.57/2024 on the file of the Respondent Police. ORDER : The Court made the following order :- The respondent police registered a case as against the petitioners in Crime No.57 of 2024 for the offence under Sections 294(b), 427, 506 (ii) IPC and Section 3 of Explosive Substances Act, 1908 and remanded them into judicial custody on 27.02.2024. Therefore, the petitioners have filed this petition seeking bail.
2. The case of the prosecution is that the petitioners and other accused abused the defacto complainant by using filthy language, threatened him with dire consequences and also thrown two country bombs near the house of 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. However, they are languishing in jail from 27.02.2024. Hence, he prays for grant of bail to the petitioners.
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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. He further submits that no one was injured in this crime.
5. Considering the nature of offence, considering the period of incarceration and also considering the fact that no one has been injured, 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 with the following conditions: 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 learned Judicial Magistrate, Nilakottai. 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 daily as and 3/5
when required for interrogation. They have to co-operate for the investigation.
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/- 15/04/2024 / TRUE COPY / 16/04/2024 Sub-Assistant Registrar (CS -I/ II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
LS TO
1. THE JUDICIAL MAGISTRATE, NILAKOTTAI.
2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDUGAL DISTRICT.
3. THE OFFICER IN CHARGE, DISTRICT JAIL, DINDIGUL.
4. THE INSPECTOR OF POLICE, AMMAIYANAICKANUR POLICE STATION, DINDIGUL DISTRICT.
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5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.B.ARUN, Advocate ( SR-4422[I] dated 15/04/2024 )
ORDER
IN CRL OP(MD) No.5666 of 2024 Date :15/04/2024 RK/GS (16/04/2024) 5P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5