S.Surya 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 S.Surya, ... Petitioner/7th Accused Vs The State represented by The Inspector of Police, Sholavandhan Police Station, Madurai District.
Crime No.74/2024.
... Respondent/Complainant For Petitioner : Mr.P.T.Ramesh Raja, 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. 1/5
ORDER : The Court made the following order :- The respondent police registered a case as against this petitioner in Crime No.74 of 2024 for the offence under Sections 147, 148, 341, 294(b), 324, 307 and 302 IPC and remanded him into judicial custody on 07.04.2024. Therefore, the petitioner has filed this petition seeking bail.
2. The case of the prosecution is due to previous enmity, on 01.04.2024, the accused have attacked the defacto complainant and his father using beer bottle and brick stone and caused injuries to them. The father of the defacto complainant died in this incident. Hence the case.
3. The learned counsel for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. The petitioner was not present in the scene of occurrence. However, he has been arrested and he is languishing in jail from 07.04.2024. Therefore, he prays for grant of bail.
4. The learned Additional Public Prosecutor appearing for the respondent submits that no previous case is pending against the petitioner. 2/5
5. Considering the facts and circumstances of the case, the period of incarceration, and also considering the antecedent of the petitioner, 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, Vadipatti, Madurai. 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 10.00 a.m. and 05.00 pm until further orders. He has to co-operate for the investigation.
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. He 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, VADIPATTI, MADURAI DISTRICT.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI.
3. THE SUPERINTENDENT, CENTRAL PRISON, MADURAI DISTRICT.
4.THE INSPECTOR OF POLICE, SHOLAVANDHAN POLICE STATION, MADURAI DISTRICT.
5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.P.T.RAMESH RAJA, Advocate ( SR-6193[I] dated 07/06/2024 ) 4/5
ORDER
IN CRL OP(MD) No.8324 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