Madras High CourtCRL OP(MD)/14924/2022granted

Suresh v. The Inspector Of Police

2022-08-25Honourable Mr Justice G.Ilangovan2 pages

CRL OP(MD). No.14924 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/08/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.14924 of 2022

1. Suresh

2. Sathishkumar ... Petitioners/Accused Nos.1 & 2 Vs The State rep.by The Inspector of Police, Kattuputhur Police Station, Trichy District.

Crime No.169 of 2022. ... Respondent/Complainant Meenakshi @ Meenatchi ... Petitioner/Intervener/ Defacto Complainant In Crl.MP(MD).10135/2022 in Crl.OP(MD).14924/2022 For Petitioners : M/s.ARUNRAJ.K, Advocate For Intervener : Mr.N.BALASUBRAMANIAN, 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.169 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners/Accused herein, who were arrested on 28.07.2022 for the alleged offence under Sections 448, 294(b), 307, 506(ii) IPC @ 448, 294(b), 307, 506(ii), 201, 109 IPC, in Crime No.169 of 2022, on the file of the respondent police, seek bail. 2.The case of the prosecution is that there was illegal intimacy with the wife of the first accused and the defacto complainant's elder son, viz., Vijay. On 25.07.2022 at about 11.30PM, due to the above motice, the accused persons came to the house of the defacto complainant, assaulted the said Vijay and the defacto complainant. Hence the complaint.

3.The learned counsel for the petitioner submitted that in this case A3 was already enlarged on bail by this Court in Crl.OP(MD) No.14743 of 2022, dated 17.08.20222. 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. https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.14924 of 2022 4.The learned counsel for the intervener submitted that still there is life threat to the defacto complainant and hence, the petitioners may be directed to stay away from the occurrence village.

5.The learned Government Advocate (Crl.Side) submitted that the petitioners are not having any previous case at their credit and the co-accused was already enlarged on bail.

6.In this case, co-accused 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.

7.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 District Munsif cum Judicial Magistrate, Thottiyam, and on further condition that the petitioners shall stay at Trichy and report before the Judicial Magistrate No.1, Trichy 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.

TO 1 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, THOTTIYAM. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT. 3 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY. 4 THE INSPECTOR OF POLICE, KATTUPUTHUR POLICE STATION, TRICHY DISTRICT.

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

COPY TO:

THE JUDICIAL MAGISTRATE No.I TRICHY.

+1. CC to M/S.ARUNRAJ K Advocate SR.No.9079 ORDER IN CRL OP(MD) No.14924 of 2022 Date :25/08/2022 SA/PN/SAR.2/25.08.2022/2P/8C https://www.mhc.tn.gov.in/judis 2/2