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Madras High CourtCRL OP(MD)/14109/2022granted

Manikandan v. The Inspector Of Police

2022-08-04Honourable Mr Justice G.Ilangovan2 pages

CRL OP(MD). No.14109 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/08/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.14109 of 2022 Manikandan ... Petitioner/Sole Accused Vs The State Rep. By, The Inspector of Police, Thenkarai Police Station, Theni District.

(Crime No. 287 of 2022).

... Respondent/Complainant For Petitioner : M/s.Susi Kumar.C, 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.287 of 2022 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/Accused herein, who was arrested on 24.07.2022 for the alleged offence under Sections 294(b), 448, 427, 324 and 307 IPC, in Crime No.287 of 2022, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner has borrowed a sum of Rs.1,500/- from the defacto complainant and returned back part of the amount of Rs.800/- and thereafter, he failed to pay the balance amount of Rs.700/-. Due to the said fact, there was a wordy quarrel arose between them and that the petitioner assaulted the defacto complainant with iron road and caused injuries. Hence, the present complaint.

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.

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

CRL OP(MD). No.14109 of 2022 4.The learned Additional Public Prosecutor submitted that there is no previous case against the petitioner and the injured has been discharged from the hospital.

5.Considering the period of incarceration and the fact that the injured has been discharged from the hospital and that the issue is only with regard to repayment of loan amount, 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 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, Periyakulam, and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders.

sd/- 04/08/2022 / TRUE COPY / 04/08/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE, PERIYAKULAM.

2. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT.

3. THE OFFICER-INCHARGE, DISTRICT PRISON, THEKKAMPATTI, THENI.

4. THE INSPECTOR OF POLICE, THENKARAI POLICE STATION, THENI DISTRICT.

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

+1 CC to M/s.C.SUSI KUMAR, Advocate ( SR-8172[I] dated 04/08/2022 )

ORDER

IN CRL OP(MD) No.14109 of 2022 Date :04/08/2022 USK/VR/SAR-IV/04.08.2022/2P/7C https://www.mhc.tn.gov.in/judis 2/2