Palraj @ Paulraj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Palraj @ Paulraj ... Petitioner/Sole Accused Vs State Rep.by The Inspector of Police, Surandai Police Station, Tenkasi District.

Crime No.105/2023.

... Respondent/Complainant For Petitioner : M/s.Karthick.R.J, Advocate For Respondent : Mr.B.Nambiselvan, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.105/2023 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner /Accused, who was arrested on 16.06.2023 for the alleged offence under Sections 294(b), 325, 307, 506(ii) IPC, in Crime No.105 of 2023, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the defacto complainant is the father of the accused. Due to property dispute, on 12.06.2023, the accused abused the defacto complainant in filthy language, pushed him down from the upstairs, thereby, he sustained injuries. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner is an innocent and he has been falsely implicated in this case, on account of property dispute between the parties. This is an issue between the father and son, with regard to sharing of property. The injured has been discharged from the hospital. The petitioner is in custody from 16.06.2023. Hence, prays to release him on bail.

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4.The learned Additional Public Prosecutor appearing for the respondent would submit that though the petitioner is not having any previous case at his credit and the injured has been discharged from the hospital, the accused had abused and assaulted the defacto complainant, who is his father. Hence, prays to dismiss the petition.

5.Heard the learned counsel appearing on either side and perused the materials placed before this Court. 6.Considering the facts and circumstances of this case and the facts that the trouble arose due to property dispute between the father and son and that the injured has been discharged from the hospital and also considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions.

7.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) each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Alangulam, and on further condition that the petitioner shall report before the learned Judicial Magistrate No.I, Kancheepuram daily at 10.30 a.m. until further orders.

sd/- 07/07/2023 / TRUE COPY / 07/07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

PNM TO 1 THE JUDICIAL MAGISTRATE, ALANGULAM.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT. 3 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI. 4 THE INSPECTOR OF POLICE, SURANDAI POLICE STATION, TENKASI DISTRICT.

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

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COPY TO 1 THE JUDICIAL MAGISTRATE NO.I, KANCHEEPURAM. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KANCHEEPURAM.

ORDER

IN CRL OP(MD) No.12417 of 2023 Date :07/07/2023 RS//SAR-(07.07.2023) 3P 8C 3/3