Kannan v. The Inspector Of Police

CRL OP(MD). No.12618 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.12618 of 2023 Kannan ... Petitioner/1st Accused Vs State Rep.by The Inspector of Police, Samayapuram Police Station, Trichy District.

Crime No.218 of 2023.

... Respondent/Complainant For Petitioner : M/s.T.Lenin Kumar, 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.218 of 2023 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused herein, who was arrested on 02.07.2023 for the alleged offence under Sections 420, 427, 442, 294(b), 506(i) IPC and Section 3 of TNPPDL Act, in Crime No.218 of 2023, on the file of the respondent police, seeks bail.

2.The case of the prosecution as per the defacto complainant, who is working as a Security in Samayapuram Mariamman Temple, is that the accused persons under the guise of making arrangement to worship the goddess Mariamman and receiving money from the devotees and while taking the devotees inside the temple, damaged the barricades. While the same was questioned by the defacto complainant, the accused persons had threatened him with dire consequences. Hence, the 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. The petitioner also filed an undertaking that he will not commit any similar offence in future. Hence, prays for bail.

4.The learned Government Advocate (Crl.Side) submitted that though the petitioner is not having previous case at his credit, considering the nature of offence, prays to dismiss the petition. https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.12618 of 2023 5.Considering the facts and circumstances of the case, the affidavit filed by the petitioner that he will not indulge in any offence in future and also considering the period of incarceration undergone by the petitioner, 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 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 No.III, Trichy, on further condition that the petitioner shall also file an undertaking affidavit before the trial Court that he will not indulge in any offence in future and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders. If any case is registered against the petitioner in future, the bail that has been granted in this case, will stand automatically cancelled without reference to this Court.

sd/- 14/07/2023 / TRUE COPY / 14/07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

PNM TO 1 THE JUDICIAL MAGISTRATE NO.III, TRICHY.

2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT. 3 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY. 4 THE INSPECTOR OF POLICE, SAMAYAPURAM POLICE STATION, TRICHY DISTRICT.

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

COPY TO THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, TRICHY.

+1 CC to M/s.T.LENIN KUMAR, Advocate ( SR-10718[I] dated 14/07/2023 )

ORDER

IN CRL OP(MD) No.12618 of 2023 Date :14/07/2023 RS/VR/SAR-(14.07.2023) 2P 8C https://www.mhc.tn.gov.in/judis 2/2