Rajesh v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30.04.2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Rajesh ... Petitioner / Sole Accused

Versus

The Inspector of Police, Naducauvery Police Station, Thanjavur District.

(Crime No.197 of 2024) ... Respondent / Complainant For Petitioner :

Mr.B.Mahendrarajan, 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.197 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.197 of 2024 for the offence under Sections 294(b), 506(ii) IPC and Section 25(1A) of Arms Act and remanded him into judicial custody on 12.04.2024. Therefore, the petitioner has filed this petition seeking bail.

1/4

2. The case of the prosecution is that the petitioner was found in possession of abnormal size of deadly weapon such as aruval in order to threaten the public for the purpose of demanding money.

3. The learned counsel appearing 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 12.04.2024. 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 petitioner is having three previous cases. He further submits that no one has been injured in the alleged occurrence.

5. Considering the nature of offence, 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, Thiruvaiyaru, Thanjavur. 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 2/4

residence address;

iii) The petitioner shall stay at Pudukkottai and appear before the Inspector of Police, Pudukkottai Town Police Station 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. 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/- 30/04/2024 / TRUE COPY / 30/04/2024 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.

OGY To 1.The Judicial Magistrate, Thiruvaiyaru, Thanjavur.

2.Do through the Chief Judicial Magistrate, Thanjavur District at Kumbakonam.

3.The Inspector of Police, Naducauvery Police Station, Thanjavur District.

3/4

4.The Officer Incharge, Sub Jail, Thanjavur.

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Copy to:

The Inspector of Police, Pudukkottai Town Police Station, Pudukkottai.

ORDER

IN CRL OP(MD) No.6675 of 2024 Date :30/04/2024 ED/ /SAR- (30/04/2024) 4P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4