Madras High CourtCRL OP(MD)/14010/2022granted

Prakash v. The Inspector Of Police

2022-08-23Honourable Mr Justice G.Ilangovan2 pages

CRL OP(MD). No.14010 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/08/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.14010 of 2022

1. Prakash

2. Mano @ Manojkumar ... Petitioners/Accused 1 and 2 Vs The State rep.by, The Inspector of Police, Karaikudi North Police Station, Sivagangai District (Crime No.183 of 2022) ... Respondent/Complainant For Petitioners : MR.S.Bharathi, Advocate.

For Respondent : Mr.P.Kottai Chamy, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :-For Bail in Crime No.183 of 2022 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioners/Accused herein, who were arrested on 09.07.2022 for the alleged offence under Sections 336 IPC and Section 25(1A) of Arms Act, in Crime No.183 of 2022, on the file of the respondent police, seek bail.

2.The case of the prosecution is that on 09.07.2022 at about 11AM, the petitioners showing the prohibited deadly weapon viz., Sword and threatened the public, which endangers their life. Hence, the complaint.

3.The learned Government Advocate (Crl.Side) submitted that the first petitioner is having seven previous cases and the second petitioner is having one previous case at their credit. 4.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.14010 of 2022 offence as alleged by the prosecution. The petitioners also ready to file an undertaking that they will not commit any similar offence in future. Hence, prays for bail.

5.Considering the facts and circumstances of the case, the readiness of the petitioner to file an affidavit that they will not indulge in any offence in future and also considering the period of incarceration undergone by the petitioners, this Court is inclined to grant bail to the petitioners with stringent 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, Karaikudi, on further condition that the petitioners shall also file an undertaking affidavit before the trial Court that they will not indulge in any offence in future and on further condition that the petitioners shall report before the respondent police daily at 10.30 a.m. until further orders. sd/- 23/08/2022 / TRUE COPY / 23/08/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, KARAIKUDI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE SIVAGANGAI DISTRICT.

3 THE OFFICER INCHARGE, DISTRICT JAIL, RAMANATHAPURAM.

4 THE INSPECTOR OF POLICE KARAIKUDI NORTH POLICE STATION, SIVAGANGAI DISTRICT 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.14010 of 2022 Date :23/08/2022 PNM MK/VR/SAR.III/23.08.2022/2P/6C https://www.mhc.tn.gov.in/judis 2/2