Madras High CourtCRL OP(MD)/13176/2022granted

A.Alagupandi v. The Inspector Of Police

2022-07-21Honourable Mr Justice G.Ilangovan2 pages

CRL OP(MD). No.13176 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21/07/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.13176 of 2022 A.Alagupandi ... Petitioner/Accused No.2 Vs The State rep.by The Inspector of Police, Mathichiyam Police Station, Madurai District.

(Crime No.248 of 2022).

... Respondent/Complainant For Petitioner : Mr.K.DINESH, Advocate.

For Respondent : Mr.B.THANGA ARAVINDH Government Advocate(Crl.side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.248 of 2022 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner is facing charges under Sections 294(b), 324, 307 and 506(ii) IPC and Section 3(1) of Tamil Nadu Public Property (Prevention of Damage and Loss) Act, 1992 in Crime No.248 of 2022, on the file of the respondent police.

2.The case of the prosecution is that the defacto complainant lodged a complaint stating that he is an auto driver by hire and at that time, the accused person came there and picked up quarrel with him stating that a person got injured and the auto must be provided on him. When that was not obliged by the defacto complainant, he was assaulted by the accused persons with hand and wooden log and they also caused damage to the autos for a sum of Rs.15,000/-. On the basis of the aforesaid complaint, the present case has been registered and the petitioner was arrested on 02.06.2022 and ever since he is in custody.

3.The learned counsel for the petitioner submits that the coaccused have been released on bail by the concerned Court and the injured has been discharged from the hospital. https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.13176 of 2022 4.The learned Government Advocate (Crl.side) for the respondent submits that the petitioner is having 4 previous cases, among which there are NDPS and assault cases also.

5.Considering the period of incarceration and considering the fact that the injured has been 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 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 No.2, Madurai and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders.

sd/- 21/07/2022 / TRUE COPY / 21/07/2022 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 NO.2, MADURAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT. 3 THE SUPERINTENDENT CENTRAL PRISON, MADURAI, MADURAI DISTRICT.

4 THE INSPECTOR OF POLICE, MATHICHIYAM POLICE STATION, MADURAI DISTRICT.

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

ORDER IN CRL OP(MD) No.13176 of 2022 Date :21/07/2022 SA/PN/SAR.2/21.07.2022/2P/6C https://www.mhc.tn.gov.in/judis 2/2