Uthayaprakash v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/06/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Uthayaprakash ... Petitioner/Accused No.2 Vs The Inspector of Police, Thenkarai Police Station, Theni District.
Crime No.240 of 2024 ... Respondent/Complainant For Petitioner :
Mr.S.Sivaprakash, 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.240 of 2024 on the file of the respondent police ORDER : The Court made the following order :- The respondent police registered a case as against this petitioner in Crime No.240 of 2024 for the offence under Sections 147, 148, 294(b), 324, 307 and 506(ii) of IPC and remanded him into judicial custody on 27.05.2024. 2.The case of the prosecution is that due to money dispute, on 25.05.2024 at 1/4
07.00 p.m., there was a wordy quarrel between the accused and the defacto complainant, in which, the petitioner along with other accused abused the defacto complainant and his family members in filthy language, attacked them and threatened them with dire consequences. Hence, the case. 3.The learned counsel appearing for the petitioner submits that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution. He further submits that he is languishing in jail from 27.05.2024. 4.The learned Additional Public Prosecutor for the respondent has raised serious objections and submits that the petitioner and the defacto complainant are close relatives and the accused is said to have borrowed money from the defacto complainant and there was a wordy quarrel pursuant to the money transaction. 5.
Taking into consideration of the facts and circumstances of the case and the period of incarceration, 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 on the following conditions:- i) The petitioner shall execute a bond for a sum of Rs.
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 for 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/- 12/06/2024 / TRUE COPY / 12/06/2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.
SJI TO 1 THE JUDICIAL MAGISTRATE, PERIYAKULAM, THENI DISTRICT. 2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT. 3 THE OFFICER INCHARGE, DISTRICT PRISON, THENI. 4 THE INSPECTOR OF POLICE, THENKARAI POLICE STATION, THENI DISTRICT.
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5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.8561 of 2024 Date :12/06/2024 RS//SAR-(12.06.2024) 4P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4