Sudalaimani @ Suresh v. The Inspector Of Police

CRL OP(MD). No.11481 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/06/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.11481 of 2022

1. Sudalaimani @ Suresh

2. Sathish @ Murugan

3. Samuthiram @ Prasath ... Petitioners/Accused No.1 to 3 Vs The State rep.by The Inspector of Police, Thatchanallur Police Station, Tirunelveli City.

(Crime No. 192 of 2022).

... Respondent/Complainant For Petitioners: M/s.SUSI KUMAR.C, Advocate.

For Respondent : Mr.B.THANGA ARAVINDH, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No. 192 of 2022 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioners/A1 to A3 herein, who were arrested on 06.06.2022 for the alleged offence under Sections 341, 294(b), 323, 307 and 506(ii) of IPC, in Crime No.192 of 2022 on the file of the respondent police, seek bail.

2.The case of the prosecution is that on 05.06.2022, at about 05.00 p.m, while the defacto complainant is proceeding in his bike to take bath at Arugankulam River with his cousin one Nagamuthuraja, who was also proceeding in his bike, some people gathered there for the purpose of burying body. When the above said Nagamuthuraja crossing that place, the petitioners along with other accused assaulted the cousin of the defacto complainant and caused injury. When that was said to be prevented by the petitioner, he was assaulted by another person with knife. But, he escaped from the attack. Hence, the case.

3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they were falsely implicated in this case and they have not committed any offence as alleged by the prosecution. He further submitted that A4 was already released on bail by this Court. Hence, he prays for bail to the petitioners. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.11481 of 2022 4.The learned Government Advocate (Crl.Side) submitted that there is no previous motive between the parties. The persons have sustained only simple injury and also discharged from the hospital. 5.It appears that it is a simple issue. They have attacked by more than one person with hands and other weapons. Even though, knife is used for attacking, they have sustained only simple injury and discharged from the hospital.

6.Considering the period of incarceration and also considering the fact that the injured discharged from the hospital, this Court is inclined to grant bail to the petitioners with certain conditions.

7.Accordingly, the petitioners are ordered to be released on bail, on executing a personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate-No,IV, Tirunelveli, and on further condition that the petitioners shall report before the respondent police daily at 10.30 a.m. until further orders. sd/- 28/06/2022 / TRUE COPY / 28/06/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

TO 1 THE JUDICIAL MAGISTRATE NO.IV, TIRUNELVELI. 2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT. 3 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI. 4 THE INSPECTOR OF POLICE, THATCHANALLUR POLICE STATION, TIRUNELVELI CITY. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER IN CRL OP(MD) No.11481 of 2022 Date :28/06/2022 SA/PN/SAR.2/28.06.2022/2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2