Vijaya Kumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/07/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Vijaya Kumar ... Petitioner/Sole Accused Vs The State rep.by, The Inspector of Police, Batlagundu Police Station, Dindigul District (Crime No. 177 of 2022). ... Respondent/Complainant For Petitioner : M/s. Karthik Kumar.A, Advocate.

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

PRAYER :- For Bail in Crime No.177 of 2022 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner/Sole Accused, who was arrested and remanded to judicial custody on 12.05.2022 for the offence punishable under Sections 448, 294(b), 354A, 354C, 354D and 506(i) of IPC, in Crime No.177 of 2022, on the file respondent police, seeks bail. 2.The case of the prosecution is that since the petitioner and the defacto complainant are neighbours, the petitioner used to speak with the defacto complainant in double meaning and on 12.05.2022 at 1.00 p.m., the petitioner misbehaved with the defacto complainant and shouted her in filthy language. Hence, this complaint. 3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution, he has been falsely implicated in this case. He would further submit that the petitioner is in judicial custody from 12.05.2022 and more than 58 days, he is in custody and 1/3

hence, he seeks statutory bail to the petitioner under Section 167

(2) Cr.P.C.

4.The learned Government Advocate (Crl. Side) appearing for the respondent would submit that the petitioner is having no previous case and investigation in this case has been completed and charge sheet to be filed before the concerned Court. 5.Considering the facts and circumstances of the case and also the fact that the petitioner is in judicial custody for a period of more than 58 days, this Court is inclined to grant bail to the petitioner subject to the following conditions: 6.Accordingly, 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, Nilakkottai, and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders. sd/- 08/07/2022 / TRUE COPY / 08/07/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TM 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, NILAKKOTTAI.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDUGAL DISTRICT.

3. THE OFFICER INCHARGE, DISTRICT PRISON, DINDIGUL.

4. THE INSPECTOR OF POLICE, BATLAGUNDU POLICE STATION, DINDIGUL DISTRICT.

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

ORDER

IN CRL OP(MD) No.12341 of 2022 Date :08/07/2022 RK/PN/SAR-II/08.07.2022 : 4P/6C 3/3