Sethupathi @ Sethu v. The Inspector Of Police

CRL OP(MD). No.11085 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/06/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.11085 of 2022 Sethupathi @ Sethu ... Petitioner/Accused No.1 Vs The State Rep. By, The Inspector of Police, Thallakulam Police Station, Madurai District.

Crime.No.312/2022.

... Respondent/Complainant For Petitioner : M/s.Chandrabose M, Advocate. For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No. 312 of 2022 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/Accused No.1 herein, who was arrested on 26.04.2022 for the alleged offence under Sections 147, 148, 341, 294 (b), 323, 307 and 506(ii) IPC and Section 83(ii) of Juvenile Justice Act, in Crime No.312 of 2022, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that due to previous enmity, the petitioner along with other accused unlawfully assembled with deadly weapons and waylaid the defacto complainant. They abused and assaulted him. Hence, the case.

3.The learned counsel for the petitioner submitted that the coaccused were already released on bail, the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He would further submit that the petitioner is in custody for more than 56 days.

4.The learned Additional Public Prosecutor submitted that there is continuous enmity between two groups of people, over celebration of temple festival in a village, there was trouble between two groups and only to take vengeance, this occurrence took place. The injured sustained grievous injury on his head and he was discharged form the hospital after taking treatment at Government and Private Hospital.

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CRL OP(MD). No.11085 of 2022 5.Considering the facts that the co-accused were already released on bail and the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with stringent conditions.

6. The petitioner shall file an undertaking affidavit before the trial Court that the petitioner will not indulge any illegal activity in future. If any case is registered against the petitioner in future, the bail that has been granted in this case, will stand automatically cancelled without reference to this Court. 7.Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail, on 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, Madurai, and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders. sd/- 22/06/2022 / TRUE COPY / 22/06/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO

1. THE JUDICIAL MAGISTRATE NO.II, MADURAI.

2. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3. THE INSPECTOR OF POLICE, THALLAKULAM POLICE STATION, MADURAI DISTRICT.

4. THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER IN CRL OP(MD) No.11085 of 2022 Date :22/06/2022 pnm USK/VR/SAR-III/22.06.2022/2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2