Saravanan v. The Inspector Of Police

CRL OP(MD). No.11151 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01/07/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.11151 of 2022

1. Saravanan

2. Muthukumar ... Petitioners/Accused Nos.1 & 2 Vs The State rep.by The Inspector of Police, Tenkasi Police Station , Tenkasi District.

Crime.No.244 of 2022.

... Respondent/Complainant For Petitioners : M/s.ANGUSAMY.V, Advocate.

For Respondent : Mr.B.THANGA ARAVINDH, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.244 of 2022 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioners/A1 and A2, who were arrested on 24.04.2022 for the alleged offence under Sections 341, 294(b), 302 and 506(ii) of IPC, in Crime No.244 of 2022 on the file of the respondent police, seeks bail.

2. On 23.06.2022, this petition is dismissed as withdrawn in sofar as the first petitioner is concerned.

3.The case of the prosecution is that due to previous dispute between the petitioners and the deceased, on 23.04.2022, the petitioners along with other accused attacked the deceased with Aruval and caused severe cut injuries on his head, as a result of which, he died on the spot. Hence, the compliant. 4.The learned counsel for the second petitioner submitted that the second petitioner has not committed any offence as alleged by the prosecution. He further submitted that the second petitioner's name is not found in the FIR and he was impleaded subsequently on the basis of the further statement of the defacto complainant and he would further submit that the petitioner is in judicial custody from 24.04.2022.

5.The learned Government Advocate(Crl.side) appearing for the respondent police submitted that the second petitioner/second https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.11151 of 2022 accused furnished the details with regard to the movement of the deceased to the first accused/first petitioner. Based on the information alone, the first petitioner attacked the deceased with Aruval. He would further submit that one previous case is pending against the second petitioner.

6.Considering the facts and circumstances of this case, the overt act attributed against this second petitioner and the period of incarceration, this Court is inclined to grant bail to the second petitioner with certain conditions.

7.Accordingly, this Criminal Original Petition is allowed and the second 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, Tenkasi, and on further condition that the second petitioner shall report before the respondent police daily at 10.30 a.m. until further orders. sd/- 01/07/2022 / TRUE COPY / 01/07/2022 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, TENKASI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT. 3 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKKOTTAI. 4 THE INSPECTOR OF POLICE, TENKASI POLICE STATION , TENKASI DISTRICT.

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

+1. CC to M/S.ANGUSAMY.V Advocate SR.No.6471 ORDER IN CRL OP(MD) No.11151 of 2022 Date :01/07/2022 SA/PN/SAR.1/01.07.2022/2P/7C https://www.mhc.tn.gov.in/judis 2/2