Veerapandian @ Kutty v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23.04.2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Veerapandian @ Kutty ... Petitioner/Accused No.1
Versus
State Rep. by The Inspector of Police, Srivilliputhur Town Police Station, Virudhunagar District.
... Respondent/Complainant For Petitioner : Mr.T.Balakrishnan, 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.133 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 No.133 of 2024 for the offence under Sections 341, 147, 148, 323, 324 and 506(ii) IPC 1/5
altered into Sections 341, 147, 148, 323, 324, 506(ii) and 307 IPC and remanded him into judicial custody on 27.03.2024. Therefore, the petitioner has filed this petition seeking bail.
2. The petitioner herein is arrayed as A1. The case of the prosecution is that on 26.03.2024 at about 11.00 p.m, when the defacto complainant was on his way to Athavan Bar in Srivilliputhur Taluk Office Road, the petitioner intercepted him and assaulted him without any reason. Thereafter, on 27.03.2024, the petitioner along with other accused intercepted the defacto complainant, assaulted him with a sickle on his head and also threatened him with dire consequences. 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 27.03.2024.
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 though this case has been registered for the offence under Section 307 IPC, the victim has sustained abrasion on his head and the victim has 2/5
been discharged from the hospital.
5. Considering the nature of offence, the period of incarceration and also considering the fact that the victim has been discharged from the hospital, 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 No.II, Srivilliputhur. 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. for a period of three weeks and thereafter, as and when required for interrogation. 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.
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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/- 23/04/2024 / TRUE COPY / 23/04/2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.
ogy TO THE JUDICIAL MAGISTRATE NO.II SRIVILLIPUTHUR.
DO THROUGH:
THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT @ SRIVILLIPUTHUR THE INSPECTOR OF POLICE SRIVILLIPUTHUR TOWN POLICE STATION, VIRUDHUNAGAR DISTRICT.
THE OFFICER INCHARGE SUB JAIL, SRIVILLIPUTHUR.
THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
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+1 CC to M/s.T.BALAKRISHNAN, Advocate ( SR-4707[I] dated 23/04/2024 )
ORDER
IN CRL OP(MD) No.6226 of 2024 Date :23/04/2024 PKP/23.04.2024/ 5P/ 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5