Ashok Prabu v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/06/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Ashok Prabu, ... Petitioner/Sole Accused Vs The Inspector of Police, Dindigul Taluk Police Station, Dindigul District.

Crime No.218/2024.

... Respondent/Complainant For Petitioner : Mr.S.Bhuvaneswari, 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.218 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 1/5

No.218 of 2024 for the offence under Sections 294(b), 323, 506(1) and 302 of IPC, and remanded him into judicial custody on 31.03.2024. Therefore, the petitioner has filed this petition seeking bail.

2.The case of the prosecution is that due to previous enmity between the petitioner and the defacto complainant, on 29.03.2024 at 03.00 p.m., when the defacto complainant was standing nearby the Dindigul-Vathalakundu Bypass road Bus stop, the petitioner came there, abused the defacto complainant in filthy language, attacked him and also caused injuries to him. Immediately, the defacto complainant was admitted in the Government Hospital, Dindigul and thereafter, on 04.04.2024 he died at Madurai Vellammal Hospital. Hence, the case. 3.The learned counsel appearing for the petitioner submits that the petitioner is an innocent and to wreck vengeance, the defacto complainant made a false complaint against this petitioner. He further submits that he is languishing in jail from 31.03.2024.

4.The learned Additional Public Prosecutor for the respondent strongly opposed to grant bail on the ground that the investigation is pending. However, he fairly concedes that no previous case is pending against the petitioner. 2/5

5.Taking into consideration of the facts and circumstances of the case and also the period of incarceration, 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 on the following conditions:- i) The petitioner shall execute 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.1, Dindigul;

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 report before the respondent police daily at 10.30 a.m., until further orders;

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. The petitioner shall be available for the trial as well. 3/5

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/- 10/06/2024 / TRUE COPY / 10/06/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI TO 1 THE JUDICIAL MAGISTRATE NO.I DINDIGUL.

2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, DINDUGAL DISTRICT. 3 THE OFFICER INCHARGE, SUB JAIL, PALANI.

4 THE INSPECTOR OF POLICE DINDIGUL TALUK POLICE STATION, DINDIGUL DISTRICT. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.S.BHUVANESWARI, Advocate ( SR-6251[I] dated 10/06/2024 ) 4/5

ORDER

IN CRL OP(MD) No.6980 of 2024 Date :10/06/2024 SS/SAR- /10/06/2024/5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5