Mahim v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/06/2024 PRESENT THE HON`BLE MR.JUSTICE B.PUGALENDHI Mahim ... Petitioner/Accused No.1 Vs The Inspector of Police, R.S.Mangalam Police Station, (In Crime No.126 of 2024).

... Respondent/Complainant For Petitioner :

M/s.Saravanan.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.126 of 2024 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner, who was arrested on 25.05.2024 for the alleged offence under Sections 147, 148, 294(b), 307, 427 and 506(ii) of IPC r/w Section 25(1a) of Arms Act in Crime No.126 of 2024, on the file of the respondent police, seeks bail. 1/4

2.The case of the prosecution is that due to previous enmity, the petitioner along with the other accused have entered into the defacto complainant's house, abused the defacto complainant and her daughter in law and also tried to attack them by using weapons. Hence, the complaint. 3.The learned counsel for the petitioner submits that the the petitioner has not involved in any such offence as alleged by the prosecution. Due to previous enmity, the petitioner has been falsely implicated in this case. 4.The learned Additional Public Prosecutor appearing for the respondent submits that no one has been injured in the incident and no previous case is pending as against this petitioner.

5. Considering the facts and circumstances of this case and considering the period of incarceration, this Court is inclined to grant bail to the petitioner with some stringent conditions.

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, Thiruvadanai, 2/4

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 as and when required. He shall co-operate for the interrogation. 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.

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

VRN 3/4

To 1.The Judicial Magistrate, Thiruvadanai, Ramanathapuram District.

2.Do through the Chief Judicial Magistrate, 3.The Inspector of Police, R.S.Mangalam Police Station, 4.The Superintendent, Central Prison, Madurai.

5.The Additional Public Prosecutor, Madurai Benmch of Madras High Court, Madurai. +1 CC to M/s.K.SARAVANAN, Advocate ( SR-6152[I] dated 06/06/2024 )

ORDER

IN CRL OP(MD) No.8237 of 2024 Date :06/06/2024 ED/ /SAR- (04/06/2024) 4P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4