Kanmani @ Kanmanipandian v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/06/2022 PRESENT The Hon`ble Mrs.Justice R.THARANI CRL OP(MD). No.9742 of 2022 Kanmani @ Kanmanipandian, S/o. Shanmugam, Nattarasankottai, Kalaiyarkovil Taluk, Sivagangai District..

... Petitioner/Sole Accused Vs The State Rep.by The Inspector of Police, Sivangangai Taluk Police Station, Sivagangai District.

(Crime No. 116 of 2022).

... Respondent/Complainant For Petitioner : M/s.Suyambulinga Bharathi K, 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.116 of 2022 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/sole accused , who was arrested and remanded to judicial custody on 15.05.2022 for the offences punishable under Sections 294(b),353 and 506(ii) of IPC and 25(1A) of Arms Act in Crime No.116 of 2022, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that on 15.05.2022 at about 08.00 a.m., the accused was found with iron sword and he tried to ran away from the place of occurrence and when the police tried to catch him, he threatened them with dire consequences. 3.On the side of the petitioner it is stated that nobody was injured in the occurrence. The defacto complainant is the SubInspector of Police. There was no individual witness regarding the occurrence. It is a put up case. Hence, he seeks bail. https://hcservices.ecourts.gov.in/hcservices/

4. On the side of the prosecution it is stated that there are 16 previous cases including two murder cases and four cases under Section 307 of IPC, hence he prays for dismissal of the petition.

5. In reply the learned counsel for the petitioner submitted that the petitioner is regularly appearing before the Court in all the pending cases and only three previous cases are pending and all other cases are disposed of.

6.Considering the facts and circumstances of the case and also considering the charges levelled against the petitioner and also taking into consideration the period of incarceration, this Court is inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail, on his executing a personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Sivagangai and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. for a period of thirty days and thereafter as and when required for interrogation.

sd/- 02/06/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.The Judicial Magistrate No.2, Sivagangai.

2.Do Through The Chief Judicial Magistrate, Sivagangai.

3.The Officer in Charge, Sub Jail, Thiruppathur Sivagangai District.

4.The Inspector of Police, Sivangangai Taluk Police Station, Sivagangai District 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

IN CRL OP(MD) No.9742 of 2022 Date :02/06/2022 https://hcservices.ecourts.gov.in/hcservices/ MGJ/VR/SAR 3(02.06.2022) 2P 6C