Ponraj Vignesh v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.13167 of 2023 Ponraj Vignesh ... Petitioner/ Sole Accused Vs State represented by The Inspector of Police, All Women Police Station, In Crime No.09/2023, Tirunelveli Town, Tirunelveli District.
... Respondent/Complainant For Petitioner :
M/s.C.Susi 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.9 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner / Sole Accused herein, who was arrested on 08.06.2023 for the alleged offence under Sections 174 of Cr.P.C., altered into Sections 294(b), 498 1/4
(A), 509, 506(1) of IPC and Section 4 of Tamilnadu Prohibition of Harassment of Women Act and 67(A) of Information Technology Act, 2000, in Crime No.09 of 2023, on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the petitioner is the husband. Due to difference of opinion, the defacto complainant / wife, filed a divorce petition before the Family Court, Tuticorin. Since the petitioner used to send abusive message and photos to the defacto complainant through whatsapp and also posted the sister of the defacto complainant in social media with abusive photos, this case came to be filed.
3. The learned counsel for the petitioner submitted that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution. He has been falsely implicated in this case and seeks for the relief of bail.
4. The learned Additional Public Prosecutor would submit that the petitioner has filed an undertaking affidavit that he will not commit such offence in future. 2/4
5. Considering the period of incarceration and considering the undertaking affidavit filed by the petitioner, this Court is inclined to grant relief to the petitioner.
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.IV, Tirunelveli, and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders.
sd/- 26/07/2023 / TRUE COPY / 26/07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO THE JUDICIAL MAGISTRATE NO.IV, TIRUNELVELI.
THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI DISTRICT.
THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, TIRUNELVELI TOWN, TIRUNELVELI DISTRICT 3/4
THE SUPERINTEDENT CENTRAL PRISON, PALAYAMKOTTAI.
THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.C.SUSI KUMAR, Advocate ( SR-11320[I] dated 26/07/2023 )
ORDER
IN Date :26/07/2023 pnn MK/26.07.2023 4P 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4