Mahalingam v. The Sub Inspector Of Police

CRL OP(MD). No.15072 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/08/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.15072 of 2022 Mahalingam ... Petitioner/Accused No.3 Vs The State Rep. By, The Sub Inspector of Police, Thirumayam Police Station, Pudukkottai District.

(Crime No.151/2022).

... Respondent/Complainant For Petitioner : M/s.Muthusamy P, Advocate 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.151/2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused herein, who was arrested on 11.06.2022 for the alleged offence under Sections 341, 392, 395 IPC, in Crime No.151 of 2022, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that on 10.06.2022 at about 07.50PM, the defacto complainant returned to his house in his two wheeler, along with his servant as pillion rider. At that time, the accused persons chased the defacto complainant's vehicle, assaulted him with knife and took away his bag, which contains 7.5 sovereigns of gold, cash of Rs.2,60,000/- and shop keys. They also threatened him with dire consequences. Hence, the case. 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 is in custody for more than 70 days.

https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.15072 of 2022 4.The learned Additional Public Prosecutor submitted that there is no previous case against the petitioner. The investigation is not yet completed.

5.Considering the period of incarceration and the fact that the petitioner is not having any previous case at his credit, 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, Thirumayam, and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders.

sd/- 23/08/2022 / TRUE COPY / 24/08/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE, THIRUMAYAM.

2. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, PUDUKOTTAI DISTRICT.

3. THE OFFICER-INCHARGE, DISTRICT PRISON, PUDUKOTTAI.

4. THE SUB INSPECTOR OF POLICE, THIRUMAYAM POLICE STATION, PUDUKKOTTAI DISTRICT.

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

+1 CC to M/s.P.MUTHUSAMY, Advocate ( SR-8851[I] dated 23/08/2022 )

ORDER

IN CRL OP(MD) No.15072 of 2022 Date :23/08/2022 pnm USK/PN/SAR-IV/24.08.2022/2P/7C https://www.mhc.tn.gov.in/judis 2/2