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Madras High CourtCRL OP(MD)/12567/2022granted

Jeyaram v. The Sub Inspector Of Police

2022-07-13Honourable Mr Justice G.Ilangovan2 pages

CRL OP(MD). No.12567 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13/07/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.12567 of 2022 Jeyaram ... Petitioner/Accused No.2 Vs The State rep.by The Sub Inspector of Police, Devathanapatti Police Station, Theni District .

Crime.No.237/2022.

... Respondent/Complainant For Petitioner : M/s.APPADURAI.K, 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. 237 of 2022 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner, who was arrested on 15.06.2022 for the alleged offences under Sections 341, 294(b), 506(ii) of IPC and Section 3(1) of TNPPDL Act, in Crime No.237 of 2022 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the defacto complainant is the driver of the Tamil Nadu Transport Corporation bearing Registration No.TN-45 N-4281. On 15.06.2022, the defacto complainant started the bus from Trichy to Theni and when the bus was coming near City Readymade shop, Devathanapatti, the accused person obstructed the way and abused the defacto complainant in filthy language and also damaged the side mirror. Hence, the complaint. 3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He would further submit that the petitioner is in judicial custody from 15.06.2022. 4.The learned Government Advocate (Crl. side) appearing for the respondent police submitted that no previous case is pending against this petitioner.

5. During the course of arguments, the learned counsel for the petitioner submitted that due to overtaking alone, the occurrence said to have taken place and the same was denied by the Government Advocate(Crl.side).

https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.12567 of 2022 6.Considering the facts and circumstances of this case and also considering the period of incarceration, this Court is inclined to grant bail to the petitioner with certain conditions. 7.Accordingly, this Criminal Original Petition is allowed and 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, Periyakulam, Theni District, and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders. 8.The petitioner shall deposit a sum of Rs.500 to the credit of Crime No.237 of 2022 on the file of the Judicial Magistrate, Periyakulam, Theni District, within a period of two weeks from today (i.e) 13.07.2022.

sd/- 13/07/2022 / TRUE COPY / 13/07/2022 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, PERIYAKULAM, THENI DISTRICT 2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT. 3 THE OFFICER INCHARGE DISTRICT PRISON, K.VILAKKU, ANDIPATTI, THENI DISTRICT.

4 THE SUB INSPECTOR OF POLICE, DEVATHANAPATTI POLICE STATION, THENI DISTRICT. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S. APPADURAI.K Advocate SR.No.31382 (F) ORDER IN CRL OP(MD) No.12567 of 2022 Date :13/07/2022 SA/PN/SAR.2/13.07.2022/2P/7C https://www.mhc.tn.gov.in/judis 2/2