S.Paulraj v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN 1.S.Paulraj 2.R.Sathya Moorthy @ Sathiya Moorthy ... Petitioners/Accused Rank Nos.A-1 & A-2 Vs State Rep.by The Inspector of Police, Courtallam Police Station, Tenkasi District.
Crime No.181 of 2023.
... Respondent/Complainant For petitioners : Mr.D.Rajaboopathy For Respondent : Mr.B.Nambiselvam, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- For Bail in Crime No.181 of 2023 on the file of the respondent Police. ORDER : The Court made the following order :- The petitioners/Accused Nos.1 and 2, who were arrested on 19.06.2023 for the alleged offence under Section 294(b), 342, 323, 324, 427, 307 and 506(ii), in Crime No.181 of 2023, on the file of the respondent police, seeks bail. 1/3
2.The case of the prosecution is that it is the money dispute between the parties. When the defacto complainant and another asked the first accused to return the amount, the petitioners and others abused and attacked the defacto complainant with iron spoon and also threatened with dire consequences. Hence, the complaint. 3.The learned counsel for the petitioners would submit that the petitioners are innocent and they have been falsely implicated in this case. The petitioners are in custody from 19.06.2023. Hence, prays to release them on bail. 4.The learned Additional Public Prosecutor appearing for the respondent would submit that injured have been discharged from the hospital. Further, there is no previous case pending against the petitioner and the second petitioner is having four previous cases.
5.Considering the facts and circumstances of this case and considering the period of incarceration, this Court is inclined to grant bail to the petitioners with certain conditions.
6.Accordingly, this Criminal Original Petition is allowed and 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 Court, Shencottah, Tenkasi District, and on further condition that the petitioners shall report 2/3
before the respondent Police daily at 10.30 a.m. until further orders. sd/- 21/07/2023 / TRUE COPY / 21/07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
Indu TO 1 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, SHENCOTTAH, TENKASI DISTRICT.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.
3 THE INSPECTOR OF POLICE, COURTALLAM POLICE STATION, TENKASI DISTRICT.
4 THE OFFICER INCHARGE, SUB JAIL, TENKASI, TENKASI DISTRICT.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.RAJABOOPATHY, Advocate ( SR-11105[I] dated 21/07/2023 ) ORDER IN CRL OP(MD) No.13356 of 2023 Date :21/07/2023 RS/VR/SAR-(21.07.2023) 3P 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3