Mariya Chinna Ajay @ Mariya Chinna Sujay v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/07/2024 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN
1. Mariya Chinna Ajay @ Mariya,
2. Karthick Raja, ... Petitioners/Accused Rank Not Known Vs The Inspector of Police, Koodankulam Police Station, Koodankulam Tirunelveli District.
Crime No.196/2024..
... Respondent/Complainant For petitioners : M/s.Pragalathan.N,Advocate. For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C.
PRAYER :- For Bail in Crime No.196/2024 on the file of the respondent Police. ORDER : The Court made the following order :- The respondent police registered a case as against this petitioners in Crime No.196 1/4
of 2024 for the offence under Sections 120(b), 341, 342, 294(b), 324, 307, 302 and 506 (ii) IPC, and remanded them into judicial custody on 11.05.2024. Therefore, the petitioners have filed this petition seeking bail.
2. The case of the prosecution is that due to previous enmity, on 08.05.2024, the accused have waylaid the defacto complainant and his father, attacked them using sickle and caused grievous injury. Both went to the hospital and there, it is declared that the defacto complainat's father is brought dead. Hence the case.
3. The learned counsel for the petitioners submits that the petitioners have not committed any offence as alleged by the prosecution. Based on the confession statement of one of the co-accused, the petitioners are implicated in this case. However, they have been arrested and they are languishing in jail from 11.05.2024. Therefore, he prays for grant of bail.
4. The learned Additional Public Prosecutor appearing for the respondent submits that no previous case is pending against the petitioners. He further submits that co-accused has already been granted bail in Crl.O.P.(MD)No.8985 of 2024 on 20.06.2024.
5. Considering the facts and circumstances of the case, the period of incarceration and also considering the antecedent of the petitioners, this Court is inclined to grant bail to the petitioners .
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6. Accordingly, this Criminal Original Petition is ordered and the petitioners are ordered to be released on bail i) on the petitioners executing a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand) each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate,Radhapuram,Tirunelveli Disrict. ii) The petitioners 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 petitioners appear before the respondent Police, daily at 10.30 a.m. and 05.30 pm until further orders. They have to co-operate for the investigation. iv) The petitioners shall not misuse the liberty granted to them 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 petitioners, the respondent police shall move an application for cancellation of the bail. sd/- 03/07/2024 / TRUE COPY / 03/07/2024 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
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LS TO THE JUDICIAL MAGISTRATE, RADHAPURAM, TIRUNELVELI DISTRICT.
DO THROUGH:
THE CHIEF JUDICIAL MAGISTRATE,TIRUNELVELI DISTRICT. THE INSPECTOR OF POLICE KOODANKULAM POLICE STATION, KOODANKULAM,TIRUNELVELI DISTRICT.
THE SUPERINTENDENT CENTRAL PRISON, PALAYAMKOTTAI, TIRUNELVELI DISTRICT. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.N.PRAGALATHAN, Advocate ( SR-7283[I] dated 03/07/2024 )
ORDER
IN CRL OP(MD) No.9334 of 2024 Date :03/07/2024 PKP/03.07.2024/ 4P/ 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4