Muneeswaran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/06/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Muneeswaran ... Petitioner/Accused No.3 Vs The Inspector of Police, Sholavandan Police Station, Madurai District, Crime No.74/2024.

... Respondent/Complainant For Petitioner : M/s.Sudalaiyandi.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.74/2024 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.74 1/5

of 2024 for the offence under Sections 147, 148, 341, 294(b), 324, 307 and 302 of IPC and remanded him into judicial custody on 02.04.2024. 2.The case of the prosecution is that the defacto complainant had illegal affair with the wife of A1. Due to which, on 01.04.2024, at about 09.50 a.m., when the defacto complainant and his father along with one Arun travelled in a jeep, the petitioner and other accused waylaid them, abused the defacto complainant in filthy language, attacked him and caused injuries to him. When the defacto complainant's father and the jeep driver had tried to rescue the defacto complainant, the petitioner and other accused brutally attacked the defacto complainant's father and caused death. Hence, the case.

3.The learned counsel appearing for the petitioner submits that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution. He further submits that he is languishing in jail from 02.04.2024. 4.The learned Additional Public Prosecutor for the respondent has raised serious objections and submits that the petitioner and other accused had brutally attacked the defacto complainant's father and caused death. 2/5

5.Taking into consideration of the facts and circumstances of the case and 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 Court, Vadipatti, Madurai District; 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 3/5

petitioner 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/- 12/06/2024 / TRUE COPY / 12/06/2024 Sub-Assistant Registrar (Writ ) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI TO

1. The Judicial Magistrate, Vadipatti, Madurai District;

2. Do-Through The Chief Judicial Magistrate, Madurai District.

3. The Superintendent, Central Prison, Madurai.

4. The Inspector of Police, Sholavandan Police Station, Madurai District.

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

+1 CC to M/s.K.SUDALAIYANDI, Advocate ( SR-6419[I] dated 12/06/2024 ) 4/5

ORDER

IN CRL OP(MD) No.8122 of 2024 Date :12/06/2024 RK (12/06/2024) 5P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5