Prabhakaran v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03.06.2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Prabhakaran ... Petitioner / Sole Accused
Versus
State represented through The Inspector of Police, Rameswaram Town Police Station, Rameswaram, Ramanathapuram District.
(Crime No.92 of 2024) ... Respondent / Complainant For Petitioner :
Mr.M.Kannan, 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.92 of 2024 on the file of the respondent Police. 1/5
ORDER : The Court made the following order :- The respondent police registered a case as against this petitioner in Crime No.92 of 2024 for the offence under Sections 294(b), 452 and 307 IPC and remanded him into judicial custody on 24.04.2024. Therefore, the petitioner has filed this petition seeking bail.
2. The case of the prosecution is that the defacto complainant's son had eloped with one Kalipriya, who is the wife of the petitioner's brother. When the petitioner went in search of Kalipriya at the house of the defacto complainant, the defacto complainant tried to lock the door, at that time, the petitioner assaulted her with hands and thereby, caused injuries. Hence, the case.
3. The learned counsel 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 24.04.2024. Therefore, 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 investigation is yet to be completed. However, he fairly submits that the injured has been discharged from the hospital.
5. Considering the nature of offence and the period of incarceration and also 2/5
considering the fact that the injured has been discharged from the hospital, this Court is inclined to grant bail to the petitioner with certain conditions.
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, Rameswaram.
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. for a period of two weeks and thereafter, as and when required for interrogation by the respondent police. He has to cooperate 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. 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/- 03/06/2024 / TRUE COPY / 03/06/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
OGY To 1.The Judicial Magistrate, Rameswaram.
2.Do through the Chief Judicial Magistrate, Ramanathapuram District.
3.The Inspector of Police, Rameswaram Town Police Station, Rameswaram, Ramanathapuram District.
4.The Superintendent, Central Prison, Madurai.
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.M.KANNAN, Advocate ( SR-6046[I] dated 03/06/2024 ) 4/5
ORDER
IN CRL OP(MD) No.7923 of 2024 Date :03/06/2024 ED/ /SAR- (03/06/2024) 5P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5