Karthick 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. Karthick

2. Sethupathi ... Petitioners/Accused Nos.2 & 3 Vs State Rep by The Inspector of Police, Chinnakovilankulam Police Station, Tenkasi District. Crime No.110 of 2022..

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

PRAYER :- For Bail in Crime No.110 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners/Accused herein, who were arrested on 22.07.2022 for the alleged offence under Sections 143, 294(b), 323, 302 IPC, in Crime No.110 of 2022, on the file of the respondent police, seek bail.

2.The case of the prosecution is that A1 is working as Head Constable in Surandai Police Station. On 19.07.2022 there was temple festival in the occurrence village. At about 09.30PM, the defacto complainant along with his friends were witnessing 1/3

Karakattam and at about 11.30PM, there was some sort of commotion in the gathering. In the commotion, the son of A1 was assaulted and A1 came to rescue his son and the deceased, defacto complainant and his friends also assaulted by the accused persons with hands and stick and in which, the deceased succumbed to injuries. Hence the complaint.

3.The learned counsel for the petitioner submitted that in this case prime accused A1 was already enlarged on bail by Additional District Judge, Tirunelveli in Crl.M.P.No.7682 of 2022. 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.

4.The learned Additional Public Prosecutor submitted that there was a group clash between two villagers. There was no previous enmity between the deceased and the accused persons. The petitioners are not having any previous case at their credit. 5.In this case, the occurrence took place due to commotion. The prime accused/A1 was already enlarged on bail, the petitioners are also standing on the footing. Considering the facts and circumstances of the case, nature of occurrence took place and the period of detention already undergone by the petitioners, this Court is inclined to grant bail to the petitioners with certain conditions.

6.Accordingly, 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, Sankarankovil, 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.

PNM 2/3

TO

1. The Judicial Magistrate, Sankarankovil.

2. Do Through The Chief Judicial Magistrate, Tirunelveli.

3. The Superintendent, Central Jail, Palayamkottai.

4. The Inspector of Police, Chinnakovilankulam Police Station, Tenkasi District.

5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.14841 of 2022 Date : 25/08/2022 TR/PN/SAR-II(25.08.2022) 3P 6C 3/3