M.Vairakutti v. The Inspector Of Police

CRL OP(MD). No.13269 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/07/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.13269 of 2022

1. M.Vairakutti,

2. V.Venal @ Veyilmuthu ... Petitioners/Accused No.1&2 Vs State Rep.by The Inspector of Police, Watrap Police Station, Virudhunagar District.

Cr.No.185/2022.

... Respondent/Complainant For Petitioners : M/s.Malaikani.S, 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 Cr.No.185/2022 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioners/A1 and A2 herein, who were arrested on 16.07.2022 for the alleged offences under Sections 147, 294(b), 324, 323 and 506(ii) of IPC, in Crime No.185 of 2022 on the file of the respondent police, seek bail.

2.The case of the prosecution is that the defacto complainant lodged a complaint stating that his brother has informed him that after taking sand for the agricultural purpose that was intercepted by the Revenue officials. Hence, the defacto complainant went to the spot for making enquiry. At that time, the accused persons came there in a Car and abused him in a filthy language and caused assault with beer bottle and criminally intimidated him. Based upon the complaint, given by the defacto complainant, case has been registered against the petitioner.

3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case and they have not committed any offence as alleged by the prosecution. Hence, he prays for grant of bail to the petitioners.

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

CRL OP(MD). No.13269 of 2022 4.The learned Government Advocate (Crl.Side) submitted that the petitioners are having previous cases. But, however, the injured sustained only simple injury and discharged from the hospital. 5.Considering the period of incarceration and also considering the fact that it is a dispute between two groups of people belongs to different political party for taking sand, even though the petitioners are having previous cases, the injured was discharged from the hospital, this Court is inclined to grant bail to the petitioners with certain conditions.

6.Accordingly, the petitioners are ordered to be released on bail, on executing a personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Srivilliputtur, and on further condition that the petitioners shall report before the respondent police daily at 10.30 a.m. until further orders.

sd/- 25/07/2022 / TRUE COPY / 25/07/2022 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.I, SRIVILLIPUTTUR. 2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTTUR.

3 THE OFFICER INCHARGE, DISTRICT JAIL, VIRUDHUNAGAR. 4 THE INSPECTOR OF POLICE, WATRAP POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

+1 CC to M/s.S.MALAIKANI, Advocate ( SR-7570[I] dated 25/07/2022 )

ORDER

IN CRL OP(MD) No.13269 of 2022 Date :25/07/2022 RS/VR/SAR.4 (25.07.2022) 2P-7C https://www.mhc.tn.gov.in/judis 2/2