← Library
Madras High CourtCRL OP(MD)/13443/2023granted

Vijay Raj @ Vijaya Raj v. The Inspector Of Police

2023-07-24Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Vijay Raj @ Vijaya Raj ... Petitioner/7th Accused Vs State Rep.by The Inspector of Police, Kallakudi Police Station, Trichy District, Crime No.112/2023.

... Respondent/Complainant For Petitioner :

M/s.T.Lenin 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.112 of 2023 on the file of the respondent police ORDER : The Court made the following order :- The petitioner /Accused, who was arrested on 11.07.2023 for the alleged offence under Sections 294(b), 395 r/w 397 IPC, in Crime No.112 of 2023, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that on 04.06.2023 at 10.15 p.m., when the defacto complainant after finishing work returned to home, at that time the accused persons intercepted him and robbed a sum of Rs.11,500/- at knife point. Hence, the 1/3

complaint.

3.The learned counsel for the petitioner would submit that the petitioner is an innocent and he has been falsely implicated in this case, on account of money dispute between the first accused and the defacto complainant. He is no way connected with the crime. He is arrayed as A7. The co-accused have either released on anticipatory bail or regular bail. The petitioner is in custody from 11.07.2023. Hence, prays to release him on bail.

4.The learned Additional Public Prosecutor appearing for the respondent would submit that against the first accused, Act 14 has been invoked. Though the coaccused have already enlarged on bail/anticipatory bail, considering the nature of grave offence, prays to dismiss the petition. 5.Heard the learned counsel appearing on either side and perused the materials placed before this Court.

6.Considering the facts and circumstances of this case and the co-accused have already enlarged on either bail or anticipatory bail and also considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions.

7.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/- 2/3

(Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Lalgudi, and on further condition that the petitioner shall report before the respondent Police daily at 10.30 a.m. until further orders.

sd/- 24/07/2023 / TRUE COPY / 24/07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

PNM TO 1 THE JUDICIAL MAGISTRATE, LALGUDI.

2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT. 3 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY. 4 THE INSPECTOR OF POLICE, KALLAKUDI POLICE STATION, TRICHY DISTRICT.

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

+1 CC to M/s.T.LENIN KUMAR, Advocate ( SR-11126[I] dated 24/07/2023 ) ORDER IN CRL OP(MD) No.13443 of 2023 Date :24/07/2023 RS/DD/SAR-(24.07.2023) 3P 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3