Mahesh v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/06/2024 PRESENT THE HON`BLE MR.JUSTICE B.PUGALENDHI Mahesh ... Petitioner/Sole Accused Vs The Sub Inspector of Police, Seidunganallur Police Station, Thoothukudi District.

Crime No.106 of 2024.

... Respondent/Complainant For Petitioner :

Mr.K.Anand, 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.106 of 2024 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner, who was arrested on 21.05.2024 for the alleged offence under Sections 294(b), 323, 307 and 506(ii) of IPC r/w Section 4 of Tamil Nadu Prohibition of Harassment of Women Act in Crime No.106 of 2024 on the file of the respondent police, seeks bail.

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2.The case of the prosecution is that there was a quarrel between the defacto complainant's son and the accused, while they were playing Kabadi in the premises of Thiruvarangaselvi Amman Temple and the defaco complainant warned the accused, due to which, the accused abused the defacto complainant in filthy language and assaulted her with Aruval. Hence, the complaint. 3.The learned counsel for the petitioner submits that the defacto complainant's son and the petitioner are friends. While they were playing Kabadi, there was some wordy altercation between the petitioner and the defacto complainant. The injured has been discharged from the Hospital.

4.The learned Additional Public Prosecutor appearing for the respondent police submits that it is only an assault by hands, due to which, the victim sustained swelling injury on her head. He further submits that the injured person has been discharged from the hospital.

5. Considering the facts and circumstances of this case, considering the period of incarceration and also the fact that the injured has been discharged from the Hospital, this Court is inclined to grant bail to the petitioner with certain 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 2/4

Five Thousand) with two sureties each for a like sum to the satisfaction of the learned Principal Sessions Judge, Thoothukudi. 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 daily at 10.30 a.m and 5.00 p.m 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. 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/- 18/06/2024 / TRUE COPY / 18/06/2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

VRN TO 1 THE PRINCIPAL SESSIONS JUDGE, THOOTHUKUDI.

2 THE SUPERINTENDENT, CENTRAL JAIL, PALAYAMKOTTAI. 3 THE SUB INSPECTOR OF POLICE, SEIDUNGANALLUR POLICE STATION, THOOTHUKUDI DISTRICT.

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

ORDER

IN CRL OP(MD) No.8397 of 2024 Date :18/06/2024 RS//SAR-(18.06.2024) 4P 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4