Sudalaimuthu v. The Inspector Of Police

CRL OP(MD). No.13579 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/07/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.13579 of 2022

1. Sudalaimuthu

2. Madasamy

3. Rajendran

4. Raja ... Petitioners/Accused 1 to 4 Vs The State rep.by, The Inspector of Police, Shenkottai Police Station, Tenkasi District.

Crime No.233 of 2022.

... Respondent/Complainant For Petitioners : MR.PORKODI KARNAN, Advocate for M/s.Polax Legal Solutions.

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.233 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners who were arrested and remanded to the judicial custody on 17.07.2022 for the alleged offences punishable under sections 294(b), 323, 307 and 506(ii) of IPC, in Crime No.233 of 2022 on the file of the respondent police, seek bail. 2.The case of the prosecution is that on 17.07.2022, the defacto complainant and his friends went to Kannupulimettu Kammai, wherein the petitioners had consumed liquor. The defacto complainant and his friends objected the petitioners from taking the liquor in public place, over which, trouble arose between them. The defacto complainant and his friends went away from the place, the petitioners followed and attacked them with wooden log and caused injuries to him. Hence, the complaint.

3.The learned counsel for the petitioners submits that the petitioners are innocent persons, they have not committed any offence as alleged by the prosecution, but they have been falsely implicated in this case. He would submit that the petitioners were arrested on 17.07.2022. Hence, he seeks for grant of bail to the petitioners.

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

CRL OP(MD). No.13579 of 2022 4.The learned Additional Public Prosecutor would submit that the because of the above said attack, 10 stitches have been made in the defacto complainant's body and his friend also injured and discharged from the hospital.

5.Taking into consideration of the above facts and circumstances and also the fact that the injured has been discharged from the hospital and the period of incarceration by the petitioners from 17.07.2022, this Court is inclined to grant bail to the petitioners subject to the following conditions: 6.Accordingly, this Criminal Original Petition is allowed and 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, Shencottai, and on further condition that the petitioners shall report before the respondent police daily at 10.30 a.m. until further orders. sd/- 27/07/2022 / TRUE COPY / 27/07/2022 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, SHENCOTTAI 2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT. 3 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI.

4 THE INSPECTOR OF POLICE SHENKOTTAI POLICE STATION, TENKASI DISTRICT.

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

ORDER

IN CRL OP(MD) No.13579 of 2022 Date :27/07/2022 TTA MK/VR/SAR.IV/27.07.2022/2P/6C https://www.mhc.tn.gov.in/judis 2/2