Thenmalai Thenkumaran 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 Thenmalai Thenkumaran, ... Petitioner/Accused No. 1 Vs The Inspector of Police, Sipcot Police Station, Tuticorin District Crime No.184/2024.` ... Respondent/Complainant C.Thiyagarajan
...Petitioner/Intervener
in Crl MP(MD)No. 6671 OF 2024 For Petitioner : M/s.Raamakrishnan.KA.,Advocate.
For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor For Intervenor : Mr.K.Althaf Sheriff Advocate For M/s.Ajmal Associates in Crl MP(MD)No. 6671 of 2024 PETITION FOR BAIL Under Sec. 439 Cr.P.C.
PRAYER :- For Bail in Crime No.184/2024 on the file of the respondent police. 1/5
ORDER : The Court made the following order :- The petitioner/accused, who was arrested and remanded to judicial custody on 03.06.2024 for the offences punishable under Sections 294(b), 307, 341 and 506(ii) of IPC in Crime No.184 of 2024 on the file of the respondent police, seek bail. 2.The case of the prosecution is that due to wordy quarrel, the petitioner and other accused abused the defacto complainant by using filthy language and attempted to murder him with aruval and also criminally intimidated him. Hence, the complaint.
3.The learned counsel for the petitioner would submit that the petitioner is an innocent and he has been falsely implicated in this case. He would further submit that to wreck vengeance, the defacto complainant given a false complaint against the petitioners. He would further submit the petitioner is in custody from 03.06.2024. Hence, he prayed to grant bail to the petitioner. 4.The learned Additional Public Prosecutor appearing for the respondent police would submit that the petitioner is having five previous cases and the investigation is 2/5
pending. He further submits that there was no injury to the defacto complainant.
5. The learned counsel for the intervenor /defacto complainant submits that the petitioner is continuously threatening him.
6.Considering the period of incarceration and also considering the fact that there was no injury, this Court is inclined to grant bail to the petitioner subject to the following conditions:
7. 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, Tuticorin, Tuticorin District; 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 daily at 10.30 a.m. until further orders. He has to co-operate for the investigation. 3/5
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. She 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/- 03/07/2024 / TRUE COPY / 03/07/2024 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
LS TO THE JUDICIAL MAGISTRATE NO.II TUTICORIN, TUTICORIN DISTRICT.
DO THROUGH:
THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN DISTRICT.
THE INSPECTOR OF POLICE SIPCOT POLICE STATION, TUTICORIN DISTRICT THE OFFICER INCHARGE DISTRICT PRISON, PERURANI, TUTICORIN DISTRICT.
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5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.9332 of 2024 Date :03/07/2024 PKP/03.07.2024/ 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5