Eswaran v. The Sub Inspector Of Police

CRL OP(MD). No.12480 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/07/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.12480 of 2022 1.Eswaran 2.Kanthasamy ... Petitioners/Accused Nos.1&2 Vs State Rep.by The Sub Inspector of Police, Vadamadurai Police Station, Dindigul District.

(Crime No.210/2022).

... Respondent/Complainant For Petitioners : M/s.C.M.Arumugam, Advocate.

For Respondent : Mr.P.Kottai Chamy, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.210 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners/A1 and A2 herein, who were arrested on 22.06.2022 for the alleged offence under Sections 294(b), 341 and 307 of IPC, in Crime No.210 of 2022 on the file of the respondent police, seek bail.

2.The case of the prosecution is that because of the counting of hundial money, trouble arose between the parties. On 18.06.2022, at about 09.30 p.m, after counting hundial money, the defacto complainant returned to his house. At that time, the accused persons waylaid him and caused assault on his private parts. Hence, present case has been registered against the petitioners and the other accused.

3.The learned counsel for the petitioner submitted that the petitioners are innocent persons and they were falsely implicated in this case and they have not committed any offence as alleged by the prosecution. He further submitted that co-accused already released on bail and injured was discharged from the hospital. Hence, he prays for grant of anticipatory bail to the petitioners. https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.12480 of 2022 4.The learned Government Advocate (Crl.Side) submitted that 1 previous case is pending against the first petitioner, which is also a assault case. A3 was granted anticipatory bail by this Court, in Crl.OP(MD)No.11779 of 2022, dated 01.07.2022 and injured was discharged from the hospital on 26.06.2022.

5.Perusal of CD filed shows that the major portion of the investigation is over.

6.Considering the duration of incarceration and also considering the fact that the major portion of the investigation is over, this Court is inclined to grant bail to the petitioners with certain conditions.

7.Accordingly, the petitioners are ordered to be released on bail, on executing a personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Vedasanthur, Dindigul District, and on further condition that the petitioners shall report before the respondent police daily at 10.30 a.m. until further orders.

sd/- 12/07/2022 / TRUE COPY / 12/07/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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, VEDASANTHUR DINDIGUL DISTRICT. 2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT. 3 THE OFFICER INCHARGE, SUB JAIL, VEDASANTHUR, DINDIGUL DISTRICT. 4 THE SUB INSPECTOR OF POLICE, VADAMADURAI POLICE STATION, DINDIGUL DISTRICT.

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

+1 CC to M/s.C.M.ARUMUGAM, Advocate ( SR-6958[I] dated 12/07/2022 ) ORDER IN CRL OP(MD) No.12480 of 2022 Date :12/07/2022 RS/VR/SAR.1 (12.07.2022) 2P-7C https://www.mhc.tn.gov.in/judis 2/2