Madras High CourtCRL OP(MD)/9069/2024ordered

Muthukumar v. The Inspector Of Police

2024-06-28Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28.06.2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Muthukumar ... Petitioner/Accused No.6

Versus

State rep. by The Inspector of Police, Irukkankudi Police Station, (Crime No.60 of 2024)

...Respondent/Complainant

For Petitioner :

Mr.P.Saravankumar, 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.60 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.60 of 2024 for the offence under Sections 294(b), 324, 307, 506(ii) of IPC r/w Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002, and 1/4

remanded him into judicial custody on 12.05.2024. Therefore, the petitioner has filed this petition seeking bail.

2. The case of the prosecution is that due to family dispute between the petitioner and the defacto complainant, the petitioner along with other accused abused the defacto complainant in filthy language, assaulted her with aruval and caused injury. 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 is languishing in jail from 12.05.2024. Therefore, he prays for grant of bail.

4. The learned Additional Public Prosecutor appearing for the respondent submitted that the investigation is yet to be completed.

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 No.II, Sattur, 2/4

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 him by indulging in any further offence and shall not tamper with the prosecution witnesses. He 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/- 28/06/2024 / TRUE COPY / 28/06/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

JBR 3/4

To 1.The Judicial Magistrate No.II, Sattur, Virudhunagar District.

2.Do through the Chief Judicial Magistrate, Virudhunagar District at Srivilliputhur.

3.The Inspector of Police, Irukkankudi Police Station, 4.The Officer Incharge, District Prison, Virudhunagar.

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.P.KALAIYARASI BHARATHI, Advocate ( SR-7106[I] dated 28/06/2024 )

ORDER

IN CRL OP(MD) No.9069 of 2024 Date :28/06/2024 ED/ /SAR- (28/06/2024) 4P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4