Azhagesan v. The Inspector Of Police

CRL OP(MD). No.11933 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/07/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.11933 of 2022 Azhagesan ... Petitioner/Accused No.1 Vs The State rep.by, The Inspector of Police, Ayyampettai Police Station, Thanjavur District.

Crime No.245 of 2022.

... Respondent/Complainant For Petitioner : Mr.K.Sivabalan, 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.245 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused No.1, who was arrested on 03.06.2022 for the alleged offence under Sections 294(b), 324 and 307 of IPC, in Crime No.245 of 2022, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that on 03.06.2022, due to the dispute with regard to catching of river fish, the petitioner said to have assaulted the defacto complainant with broken glass on his head and criminally intimidated him. Hence, the complaint. 3.The learned counsel for the petitioner submitted that the defacto complainant has appeared before the Trial Court and stated that he is ready to compromise the issue with the petitioner. But, however, the learned Principal Sessions Judge, Thanjavur, found that there was contradictory version between the affidavit filed by the defacto Complaiant and the oral submission given by him and dismissed the petition filed by the petitioner in Crl.MP.No.3046 of 2022 dated 28.06.2022. Even though, the reason for the dismissal given by the Trial Court by excising its discretionary relief, but, https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.11933 of 2022 found that the defacto complainant is willing to compromise the issue with the petitioner.

4.In view of the above, this Court is inclined to grant bail to the petitioner with stringent conditions.

5.Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail, on executing a personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Thanjavur, and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders. sd/- 04/07/2022 / TRUE COPY / 04/07/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II THANJAVUR.

2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, THANJORE DISTRICT AT KUMBAKONAM.

3 THE OFFICER INCHARGE, DISTRICT JAIL, THANJAVUR.

4 THE INSPECTOR OF POLICE AYYAMPETTAI POLICE STATION, THANJAVUR DISTRICT.

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

+1 CC to MR.K.SIVABALAN, Advocate ( SR-6544[I] dated 04/07/2022 )

ORDER

IN CRL OP(MD) No.11933 of 2022 Date :04/07/2022 DSS MK/PN/SAR.II/04.07.2022/2P/7C https://www.mhc.tn.gov.in/judis 2/2