Muthukumar v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/08/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN
1. Muthukumar
2. Selva Vijay
3. Vignesh
4. Karthikeyan ... Petitioners/Accused Rank Not Known Vs
1. The State Rep. By, The Inspector of Police, Tirunelveli Taluk Police Station, Tirunelveli.
(Crime No. 184 of 2022).
... Respondent/Complainant
2. Sivasubramanian ... Petitioner/Defacto-Complainant in CRL MP(MD) No.9837/2022 For Petitioners : M/s.Saravanakumar.C, Advocate For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) For Intervener : M/s.Sakthikumaran.T, Advocate PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- For Bail in Crime No. 184 of 2022 on the file of the Respondent police.
ORDER : The Court made the following order :- The petitioners/Accused herein, who were arrested on 30.07.2022 for the alleged offence under Sections 147, 148, 294(b), 323, 324, 307, 427, 506(ii) IPC @ 109, 147, 148, 294(b), 307, 323, 324, 427, 506(ii) IPC, in Crime No.184 of 2022, on the file of the respondent police, seek bail.
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2.The case of the prosecution is that due to previous motive of removal of flex board, on 30.07.2022, at about 09.30PM, when the defacto complainant, his brother's son and the employee of the Tea Shop were standing in front of the Tea Shop, the accused persons came in a Car, abused them with filthy language, assaulted with iron rod, aruval and sticks and also damaged articles to the tune of Rs.50,000/-. Hence the complaint.
3.This matter is listed today to ascertain the damage caused by the accused persons, since the learned counsel for the intervener stated that cost of damage was Rs.5 Lakhs. The learned Government Advocate (Crl.Side) submitted that the damage caused by the accused persons is Rs.50,000/-, by producing photographs. 4.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they were falsely implicated in this case and they have not committed any offence as alleged by the prosecution.
5.The learned Government Advocate (Crl. Side) for the respondent police submitted that the petitioners are not having any bad antecedents and the investigation is not yet completed. He also submitted the photographs showing the damage caused by the accused persons.
5. Considering the nature of offence, that the petitioners are not having any bad antecedents and also considering the period of detention already undergone by the petitioners, this Court is inclined to grant bail to the petitioners.
6. Accordingly, this Criminal Original Petition is allowed on condition that the petitioners shall deposit a sum of Rs.50,000/- (Rupees Fifty Thousand only) to the credit of Cr.No.184 of 2022 before the trial Court concerned, without prejudice to his rights and contentions before the trial Court.
7. On such deposit being made, 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 No.III, Tirunelveli, and on further condition that the petitioners shall report before the respondent police daily at 10.30 a.m. until further orders.
sd/- 25/08/2022 / TRUE COPY / 25/08/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
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TO
1. THE JUDICIAL MAGISTRATE NO.III, TIRUNELVELI.
2. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.
3. THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI.
4. THE INSPECTOR OF POLICE, TIRUNELVELI TALUK POLICE STATION, TIRUNELVELI.
5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.C.SARAVANAKUMAR, Advocate (SR-9014[I] dated 25/08/2022 )
ORDER
IN CRL OP(MD) No.14777 of 2022 Date :25/08/2022 pnm USK/VR/SAR-II/25.08.2022/3P/7C 3/3