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Madras High CourtCRL OP(MD)/12131/2022granted

Panjavarnam v. The Inspector Of Police

2022-07-07Honourable Mr Justice G.Ilangovan7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Dated: 07/07/2022 PRESENT The Hon'ble Mr.Justice G.ILANGOVAN Crl.OP(MD)No.12131 of 2022 1.Panjavarnam 2.Varathalakshmi : Petitioners/A3 and A4 Vs.

The State Rep by.

The Inspector of Police, Veerapandi Police Station, Theni District.

(Crime No.227 of 2022) : Respondent/Complainant For Petitioner : Mr.K.Srinivasaragavan For Respondent : Mr.B.Thanga Aravindh Government Advocate (Criminal side) PETITION FOR BAIL under Sec.439 of Cr.P.C PRAYER:- C-8B.For Bail in Crime No.226 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order:- The petitioners, who are arrayed as A3 and A4 were arrested, on 26/06/2022 and remanded to judicial custody for the alleged offences punishable under sections 147, 148, 294(b), 323, 324, 307, 427, 448, 506(ii) IPC and section 4 of TNPHW Act, in Crime No.226 of 2022 on the file of the respondent police, seek bail.

2.The case of the prosecution in brief:- Due to previous enmity, on 25/06/2022, the petitioners along with other accused persons trespassed into the de-facto complainant brother's house and they took two plastic chairs. When the de-facto complainant questioned the same, they attacked him with aruval and caused severe injuries. Hence, this case.

3.The learned counsel appearing for the petitioners would submit that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. He would further submit that it is a case and counter case, in respect of the very same occurrence, FIR in Crime No.227 of 2022 has been registered against the de-facto complainant and others.

4.The learned Government Advocate (Criminal side) would submit that no previous case is pending against the petitioners and the injured has been discharged from the hospital.

5.Considering the facts and circumstances of this case and also considering the fact that it is a case and counter and the injured person has been discharged from the hospital, this court is inclined to grant bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released on bail on each of them executing a 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 Judicial Magistrate No.1, Theni and on further condition that the petitioners shall appear before the respondent police daily at 10.00 a.m. until further orders.

(G I J) 07.07.2022 ER

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 Inspector of Police, Veerapandi Police Station, Theni District.

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

3.The Special Prison for Women, Maudrai.

G.ILANGOVAN ,J er Crl.OP(MD)No.12131 of 2022 07/07/2022