Ajithkumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/06/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Ajithkumar, ... Petitioner/Sole Accused Vs The Inspector of Police, Samayapuram Police Station, Trichy District.

(Crime No.118/2024).

... Respondent/Complainant For Petitioner : Mr.K.M.Karunakaran, Advocate For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.118/2024 on the file of the Respondent Police. ORDER : The Court made the following order :- The respondent police registered a case as against the petitioner in Crime No.118 of 2024 for the offence under Sections 294(b), 324 and 307 IPC, subsequently 1/4

which were altered as Sections 294(b) and 302 IPC and remanded him into judicial custody on 30.04.2024. Therefore, the petitioner has filed this petition seeking bail.

2. The case of the prosecution is that due to previous dispute, the accused has assaulted the deceased using beer bottle and caused grievous head injury. Hence the case.

3. The learned counsel for the petitioner submits that the petitioner and the deceased are friends. While consuming liquor, the deceased has attacked the petitioner using wooden log, for which, the petitioner has also attacked the deceased. He further submits that the petitioner is languishing in jail from 30.04.2024. Hence, he prays for grant of bail to the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent submits that the petitioner is not having any previous case.

5. Considering the facts and circumstances of the case, the period of incarceration and also considering the antecedent of the petitioner, this Court is inclined to grant bail to the petitioner.

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6. 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.III, Trichy. 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. and 05.30 pm until further orders. He has to co-operate for the investigation. 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. He 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/- 27/06/2024 / TRUE COPY / 27/06/2024 Sub-Assistant Registrar( ) Madurai Bench of Madras High Court, Madurai - 625 023.

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LR TO 1 THE JUDICIAL MAGISTRATE NO.III TRICHY.

2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT. 3 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.

4 THE INSPECTOR OF POLICE SAMAYAPURAM POLICE STATION, TRICHY DISTRICT.

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

+2 CC to M/s.K.M.KARUNAKARAN, Advocate ( SR-7016[I] dated 27/06/2024 )

ORDER

IN CRL OP(MD) No.9448 of 2024 Date :27/06/2024 SS/SAR- /27/06/2024/4P/8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4