Kamaraj 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

1. Kamaraj

2. Rajesh ... Petitioners/Accused Nos.1 and 3

Versus

The State through The Inspector of Police, Natchiyarkoil Police Station, Thanjavur District.

... Respondent/Complainant For Petitioners : Mr.S.Gurumoorthy,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.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 the petitioners in Crime 1/4

No.227 of 2024 for the offence under Sections 294(b), 352, 506(ii) IPC r/w. Section 25 (1A) of Arms Act and remanded them into judicial custody on 30.03.2024. Therefore, the petitioners have filed this petition seeking bail.

2. The case of the prosecution is that on 29.03.2024 at about 6.30 p.m., when the defacto complainant was working in the complainant's brick kiln at Kallimedu, A1 to A3 came there with deadly weapons in a vehicle bearing Reg.No.TN68J 7062 and threatened him with dire consequences.

3. The learned counsel appearing 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 30.03.2024. He further submits that the victim has not sustained any injury in that incident.

4. The learned Additional Public Prosecutor seeks time to ascertain the antecedent of the petitioners.

5. The learned counsel appearing for the petitioners fairly submits that the petitioners are having three previous cases.

6. Considering the nature of offence, the period of incarceration and also considering the fact that the victim has not sustained any injury in that incident, this Court is inclined to grant bail to the petitioners.

7. Accordingly, this Criminal Original Petition is ordered and the petitioners are 2/4

ordered to be released on bail 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 the learned Judicial Magistrate, Kumbakonam. 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 police daily at 10.30 a.m. until further orders. 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/- 23/04/2024 / TRUE COPY / 23/04/2024 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

OGY 3/4

TO THE JUDICIAL MAGISTRATE,KUMBAKONAM DO THROUGH:

THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT @ KUMBAKONAM THE INSPECTOR OF POLICE NATCHIYARKOIL POLICE STATION, THANJAVUR DISTRICT. THE OFFICER INCHARGE THIRUVIDAIMARUTHUR SUB JAIL, THIRUVIDAIMARUTHUR. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.S.GURUMOORTHY, Advocate ( SR-4718[I] dated 23/04/2024 )

ORDER

IN CRL OP(MD) No.6248 of 2024 Date :23/04/2024 PKP/23.04.2024/ 4P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4