L.Thesingraja v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19.06.2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI L.Thesingraja ... Petitioner/Accused 13
Versus
State Rep. by The Inspector of Police, Koodankulam Police Station, Tirunelveli District.
(Cr.No.196 of 2024) ... Respondent/Complainant For Petitioner : Mr.J.SURESH, 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.196 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.196 of 2024 for the offence under Sections 120(B), 341, 342, 294(b), 324, 307, 302 and 502(ii) of IPC and remanded him into judicial custody on 26.05.2024. Therefore, the petitioner has filed this petition seeking bail.
2. Totally, there are 13 accused in this case. The petitioner is arrayed as A13. 1/4
The case of the prosecution is that due to previous motive, the petitioner and other accused persons attacked the defacto complainant and his father and caused injuries. The defacto complainant was admitted in the Government Hospital as inpatient. 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. However, he has been arrested and he is languishing in jail from 26.05.2024. Therefore, he prays for grant of bail.
4. The learned Additional Public Prosecutor appearing for the respondent submitted that the main overt act is as against the A1 to A3 and there is no serious overt act as against the petitioner. Further, he submitted that there is one previous case pending against the petitioner.
5. Considering the facts and circumstances of the case and also considering 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 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, 2/4
Radhapuram, Tirunelvelil 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 Station, daily at 10.30 a.m., until further orders. He 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. 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/- 19/06/2024 / TRUE COPY / 19/06/2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.
JBR TO 1 THE JUDICIAL MAGISTRATE, RADHAPURAM, TIRUNELVELI DISTRICT.
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2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.
3 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI.
4 THE INSPECTOR OF POLICE, KOODANKULAM POLICE STATION, TIRUNELVELI DISTRICT. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.J.SURESH, Advocate ( SR-6644[I] dated 19/06/2024 ) ORDER IN CRL OP(MD) No.8563 of 2024 Date :19/06/2024 SA/SAR. /19.06.2024/4P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4