Masanamuthu v. The Inspector Of Police
CRL OP(MD). No.12995 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/07/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.12995 of 2022 Masanamuthu ... Petitioner/Accused No.1 Vs The State Rep. By, The Inspector of Police, Uvari Police Station, Tirunelveli District.
Crime No.96 of 2022.
... Respondent/Complainant For Petitioner : M/s.Ebenezer T.A, Advocate.
For Respondent : Mr.B.Thanaga Aravindh Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- For Bail in Crime No.96 of 2022 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioner/Accused herein, who was arrested on 28.06.2022 for the alleged offence under Sections 294(b), 307, 324, 354 and 506 (ii) IPC in Crime No.96 of 2022, on the file of the respondent police, seeks bail.
2. The complaint given by the defacto complainant is that there was a matrimonial dispute between herself and his husband, she got divorce through Court proceedings. Now, the dispute is with regard to pet dog that the cousin of petitioner's husband used to dash on above said pet dog by driving bike. When the activity of the first accused was questioned by the defacto complainant, he has assaulted the father of the defacto complainant and he suffered injuries also. Similarly, on the basis of the complaint given by first accused viz., the petitioner herein has given a counter case and the same was registered in Crime No.97 of 2022, where it has been mentioned that the defacto complainant herein has abused him in filthy language.
3. The learned counsel appearing for the petitioner https://www.mhc.tn.gov.in/judis 1/2
CRL OP(MD). No.12995 of 2022 submitted that the petitioner is innocent and he has not committed any offence as alleged by the prosecution an his name has been falsely implicated in this case 4.The learned Government Advocate (Crl. Side) would submit that it is a dispute between the relatives and the injured person has been discharged from the hospital.
5.Considering the period of incarceration and the fact that the injured has ben discharged from the hospital, this Court is inclined to grant bail to the petitioner with stringent conditions. 6.Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail, on executing a 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, Radhapuram, Tirunelveli District and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders. sd/- 19/07/2022 / TRUE COPY / 20/07/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
1. THE JUDICIAL MAGISTRATE, RADHAPURAM, TIRUNELVELI DISTRICT.
2. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.
3. THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI.
4. THE INSPECTOR OF POLICE, UVARI POLICE STATION, TIRUNELVELI DISTRICT.
5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 C.C. TO M/S.T.A.EBENEZER, ADVOCATE, S.R.NO.7349.
ORDER
IN CRL OP(MD) No.12995 of 2022 Date :19/07/2022 USK/JM/SAR-I/20.07.2022/2P/7C https://www.mhc.tn.gov.in/judis 2/2