Arumugam 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 1.Arumugam, 2.Murugan, 3.Gowtham, ... Petitioners/Accused Nos. 1,3,4 Vs The Inspector of Police, M.Kallupatti Police Station, Madurai District.

(Crime No.54/2024).

... Respondent/Complainant For Petitioners :Mr. K.Anbumanikandantamilsooriyan, 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.54/2024 on the file of the Respondent Police. 1/4

ORDER : The Court made the following order :- The petitioners/A1,A3 & A4, who were arrested on 03.05.2024 for the alleged offence under Sections 147, 148, 294(b), 323, 324, 506(ii) and 307 IPC in Crime No.54 of 2024, on the file of the respondent police, seek bail. 2.The case of the prosecution is that on 02.05.2024, while the defacto complainant and his community people were celebrating a festival, the accused persons came there, abused them in filthy language and also assaulted them. Hence, the complaint.

3.The learned counsel appearing for the petitioners submits that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. In fact, the defacto complainant and their group have assaulted the petitioners, for which a case has been registered in Crime No.55 of 2024. 4.The learned Additional Public Prosecutor appearing for the respondent submits that the petitioners and the defacto complainant belong to the same village. There is a case and counter case. The injured have been discharged from the Hospital.

5. Considering the facts and circumstances of this case and considering the period of incarceration and also the fact that the injured have been discharged from the hospital, this Court is inclined to grant bail to the petitioners with some stringent 2/4

conditions.

6. Accordingly, this Criminal Original Petition is ordered and the petitioners are ordered to be released on bail on the following conditions:- i) The petitioners shall execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand) each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Usilampatti, Madurai. ii) The petitioners 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 petitioners shall report before the respondent police daily at 10.30 a.m., until further orders. The petitioners have to co-operate for the trial. iv) The petitioners shall not misuse the liberty granted to them by indulging in any further offence and shall not tamper with the prosecution witnesses.

The petitioners shall be available for the trial as well. v) On violation of any of the above conditions by the petitioners, 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.) Madurai Bench of Madras High Court, Madurai - 625 023.

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VRN TO THE JUDICIAL MAGISTRATE NO.II,USILAMPATTI, MADURAI. DO THROUGH:

THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT. THE INSPECTOR OF POLICE M.KALLUPATTI POLICE STATION, MADURAI DISTRICT. THE OFFICER INCHARGE,DISTRICT PRISON, THENI.

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

ORDER

IN CRL OP(MD) No.8208 of 2024 Date :06/06/2024 PKP/06.06.2024/ 4P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4