Subbu @ Subramanian v. The Inspector Of Police
CRL OP(MD). No.15198 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.15198 of 2022 Subbu @ Subramanian ... Petitioner/Accused No.9 Vs State Rep by The Inspector of Police, Thiruchendur Temple Police Station, Thoothukudi District.(Crime No.102/2022)..
... Respondent/Complainant For Petitioner : M/s.Haroon Rasheed D S, 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.102/2022 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioner/Accused herein, who was arrested on 14.08.2022 for the alleged offence under Sections 147, 148, 149, 294(b), 353, 332, 307, 506(ii) IPC and Section 3 of Tamil Nadu Public Property (Prevention of Damage & Loss) Act, 1992, in Crime No.102 of 2022, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the defacto complainant is the Police Officer working in Sathankulam Police Station. On 14.08.2022, at 08.00PM, the defacto complainant was in bundo-bust duty, due to trouble between two groups of community people on 13.08.2022 at about 11.20PM, they were assaulting each other. The Police tried to pacify them, but the accused persons abused and assaulted them, in which, three Police officials got injured and apart from Police vehicle another two wheeler were also https://www.mhc.tn.gov.in/judis 1/2
CRL OP(MD). No.15198 of 2022 damaged. 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 co-accused was already enlarged on bail by the Principal Sessions Judge, Thoothukudi in Crl.MP.No.4555 of 2022, dated 23.08.2022.
4.The learned Government Advocate (Crl.Side) submitted that the injured persons were treated as out patient and now peace restored in the occurrence spot.
5.Considering the fact that there was group rival between two community people and the restoration of peace in the occurrence place and also the period of detention already undergone by the petitioner, 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, Tiruchendur, and on further condition that the petitioner 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 TO
1. The Judicial Magistrate, Tiruchendur.
2. Do Through The Chief Judicial Magistrate, Thoothukudi.
3. The Superintendent, Central Prison, Palayamkottai
4. The Inspector of Police, Thiruchendur Temple Police Station, Thoothukudi District.
5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.D.S.HAROON RASHEED, Advocate ( SR-8988[I] dated 25/08/2022 ) ORDER IN CRL OP(MD) No.15198 of 2022 Date : 25/08/2022 TR/VR/SAR-II(25.08.2022) 2P 7C https://www.mhc.tn.gov.in/judis 2/2