Ayyappan v. The Special Sub 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 Ayyappan ... Petitioner/1st Accused Vs The Special Sub Inspector of Police, Pandhanallur Police Station, Thanjavur District.

Crime No.220 of 2024 ... Respondent/Complainant For Petitioner :

M/s.R.Rajeshkumar, 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.220 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.220 of 2024 for the offence under Sections 147, 294(b), 342, 352, 323, 506(1) of IPC and Section 4 of TN Prohibition of Harassment of Women Act @ Sections 147, 294(b), 323, 342, 352, 417, 420 and 506(i) of IPC r/w Section 4 of TNPHW Act and remanded 1/4

him into judicial custody on 11.05.2024.

2.The case of the prosecution is that the petitioner had illegal intimacy with the defacto complainant's wife and she handed over 6 sovereigns of gold jewels and cash. The defacto complainant came to know about the said affairs, when he and his wife visited the accused person and demanded to return the said gold jewels, the petitioner attacked the defacto complainant and his wife and abused them in filthy language. Hence, the case.

3.The learned counsel appearing for the petitioner submits that the petitioner has returned the money and jewels to the defacto complainant and he has also produced some documents to that effect. He further submits that the petitioner is languishing in jail for the past 30 days.

4.The learned Additional Public Prosecutor for the respondent submits that investigation is pending.

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.25,000/-(Rupees Twenty Five Thousand) with two sureties each for a like sum to the satisfaction of the 2/4

learned District Munsif cum Judicial Magistrate, Thiruvidaimaruthur; 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 DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, THIRUVIDAIMARUTHUR.

2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

3 THE OFFICER INCHARGE, SUB JAIL, THIRUVIDAIMARUTHUR. 3/4

4 THE SPECIAL SUB INSPECTOR OF POLICE, PANDHANALLUR POLICE STATION, THANJAVUR DISTRICT. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.R.RAJESHKUMAR, Advocate ( SR-6388[I] dated 12/06/2024 )

ORDER

IN CRL OP(MD) No.8560 of 2024 Date :12/06/2024 RS//SAR-(12.06.2024) 4P 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4