Mukilan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 10.07.2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Mukilan ... Petitioner/Accused Vs The Inspector of Police, Thirukokarnam Police Station, Pudukkottai District.

Crime No.186 of 2024 ... Respondent For Petitioner : Mr.S.Dhilipanrajan, 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.186 of 2024 on the file of the respondent Police. ORDER : The Court made the following order :- The respondent police registered a case as against this petitioner in Crime No.186 of 2024 for the offence under Sections 20, 25(1)(a) of the Arms Act and 1/5

remanded him into judicial custody on 07.06.2024. Therefore, the petitioner has filed this petition seeking bail.

2.The case of the prosecution is that on 07.06.2024, the petitioner threatened the general public by showing sword.

3.The learned counsel for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. However, he is languishing in jail from 07.06.2024 and he is also ready and willing to file an affidavit of undertaking that he will not indulge in any offence in future.

4.The learned Additional Public Prosecutor appearing for the respondent opposes for grant of bail on the ground that the petitioner is having four previous cases. However, he fairly submits that no one injured in the alleged occurrence. 5.Considering the nature of offence and the period of incarceration and also considering that no one injured in the occurrence, this Court is inclined to grant bail to the petitioner with certain conditions.

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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(one surety must be a respectful person) each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Pudukottai.

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 report before the respondent Police daily at 10.30 a.m. until further orders. He has to co-operate for the investigation. iv)The petitioner shall file an affidavit of undertaking before the respondent police that he will not indulge in any offence in future. The petitioner shall not misuse the liberty granted to him by indulging in any 3/5

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/- 10/07/2024 / TRUE COPY / 10/07/2024 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.

GNS TO 1 THE JUDICIAL MAGISTRATE NO.II PUDUKOTTAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI DISTRICT.

3 THE INSPECTOR OF POLICE THIRUKOKARNAM POLICE STATION, PUDUKKOTTAI DISTRICT. 4 THE OFFICER INCHARGE, SUB JAIL, PUDUKOTTAI.

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

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+1 CC to M/s.S.DHILIPANRAJAN, Advocate ( SR-7684[I] dated 10/07/2024 )

ORDER

IN CRL OP(MD) No.10219 of 2024 Date :10/07/2024 SS/SAR- /10/07/2024/5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5