Vallarasu v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/06/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Vallarasu, ... Petitioner/Accused No.7 Vs The Inspector of Police, Thoothukudi North Police Station, Thoothukudi, Thoothukudi North District.
(Crime No.142/2024).
... Respondent/Complainant For Petitioner : Mr.N.Pragalathan, 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.142/2024 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.142 of 2024 for the offence under Sections 147, 294(b), 353, 307 IPC and Section 25(1-A) of the Arms Act, and remanded her into judicial custody on 29.04.2024. Therefore, the petitioner has filed this petition seeking bail. 2.The case of the prosecution is that on 29.04.2024, the defacto complainant/Sub Inspector of Police, Thoothukudi North Police Station, Thoothukudi, went along with other Policemen in search of the accused in Crime No.141 of 2024 and they enquired the petitioner and others. At that time, the petitioner and other accused have attacked the defacto complainant using aruval. Hence the complaint.
3. The learned counsel for the petitioner submits that the petitioner is an innocent person and she has not committed any offence as alleged by the prosecution. However, she has been arrested and she is languishing in jail from 29.04.2024. Therefore, he prays for grant of bail.
4. The learned Additional Public Prosecutor appearing for the respondent submits that no one has been injured in the said occurrence. 2/5
5. Considering the facts and circumstances of the case, the period of incarceration and also considering the fact that no one has been injured in the said occurrence, 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 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 No.III, Thoothukudi 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 appear before the respondent Police daily at 10.30 a.m and at 05.00 p.m, until further orders. She has to co-operate for the investigation.
iv) The petitioner shall not misuse the liberty granted to her by indulging in any further offence and shall not tamper with the prosecution witnesses. She 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/- 07/06/2024 / TRUE COPY / 07/06/2024 Sub-Assistant Registrar (CS -I/ II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
LR TO 1.THE JUDICIAL MAGISTRATE NO.III, THOOTHUKUDI DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI.
3. THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI.
4.THE INSPECTOR OF POLICE, THOOTHUKUDI NORTH POLICE STATION, THOOTHUKUDI, THOOTHUKUDI NORTH DISTRICT.
5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.N.PRAGALATHAN, Advocate ( SR-6200[I] dated 07/06/2024 ) 4/5
ORDER
IN CRL OP(MD) No.8322 of 2024 Date :07/06/2024 RK (07/06/2024) 5P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5