Vishnu v. The Inspector Of Police

CRL OP(MD). No.13680 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/07/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.13680 of 2022 Vishnu ... Petitioner/Sole Accused Vs The State rep.by The Inspector of Police, Kadamalaikundu Police Station, Theni District.

(Crime No.174/2022).

... Respondent/Complainant For Petitioner : M/s.JEYAKUMAR.B, 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.174/2022 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/Sole Accused, who was arrested on 22.06.2022 for the alleged offences under Sections 294(b) and 307 of IPC, in Crime No.174 of 2022, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the defcto complainant is the injured person. He has given a statement to the effect that the villager by name, Vishnu had love affair with one girl. It was suspected that the defacto complainant informed the above said affair to the maternal uncle of the above said girl. Over which, on 20.06.2022 at about 08.45 p.m,, when he was in house, the above said Vishnu picked up quarrel with him and assaulted him with knife. When the neighbours tried to catch him, he fled away from the place of occurrence. Over which, present case has been registered against the petitioner and he was arrested on 22.06.2022. Ever since, he was in judicial custody.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submitted that the injured was discharged from the hospital. Hence, he prays for grant of bail to the petitioner.

4.The learned Government Advocate would submit that after 21 days of treatment, the injured was discharged from the hospital. https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.13680 of 2022 5.The learned counsel for the petitioner would submit that there was push and pull and the defacto complainant hit the public tap and sustained injury.

6.But, the learned Government Advocate (Crl.Side) would submit that injury was caused only with knife. But, however, the injured was discharged from the hospital and no bad antecedent is reported against the petitioner.

7.Considering the period of incarceration and also considering the fact that the injured was discharged from the hospital and no bad antecedent is reported against the petitioner, this Court is inclined to grant bail to the petitioner with stringent conditions. 8.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, Aundipatti, and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders.

sd/- 28/07/2022 / TRUE COPY / 29/07/2022 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, AUNDIPATTI.

2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT. 3 THE OFFICER INCHARGE SUB JAIL, PERIYAKULAM, THENI DISTRICT..

4 THE INSPECTOR OF POLICE, KADAMALAIKUNDU POLICE STATION, THENI DISTRICT. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.JEYAKUMAR B Advocate SR.No.7822 ORDER IN CRL OP(MD) No.13680 of 2022 Date :28/07/2022 SA/VR/SAR.4/29.07.2022/2P/7C https://www.mhc.tn.gov.in/judis 2/2