Thanga Sudalai @ Suresh v. The Inspector Of Police

CRL OP(MD). No.15710 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01/09/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.15710 of 2022 Thanga Sudalai @ Suresh ... Petitioner/Accused No.2 Vs The State rep.by The Inspector of Police, Seevalaperi Police Station, Tirunelveli District.

Cr. No. 161 of 2022.

... Respondent/Complainant For Petitioner : M/s.ANAND.K, Advocate.

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. 161 of 2022 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/Accused, who was arrested on 19.08.2022 for the alleged offence under Sections 294(b), 323, 324, 506(ii) and 307 IPC in Crime No.161 of 2022, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the defacto complainant is working as a driver in a company. On 16.08.2022 at about 10.40 a.m., when he returned from duty, at that time the accused persons unlawfully assembled in the place of occurrence and waylaid and caused assault to the defacto complainant with the hands and also with the Aruval. Because of the above said assault he sustained grievous injuries and he has taken to hospital over which the present 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.

4.The learned Public Prosecutor submitted that the injury suffered by the defacto complainant is simple in nature and the https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.15710 of 2022 injured discharged from the hospital. He would further submit that the petitioner was facing proceeding under section 107 Cr.P.C., and the same has been disposed of and apart from that some other assault cases are also pending against him.

5.Considering the period of incarceration and the fact that injured has been discharged from the hospital, 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 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.III, Thirunelveli, and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders.

sd/- 01/09/2022 / TRUE COPY / 02/09/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.III, TIRUNELVELI. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT. 3 THE SUPERINTENDENT, CENTRAL JAIL, PALAYAMKOTTAI. 4 THE INSPECTOR OF POLICE, SEEVALAPERI POLICE STATION, TIRUNELVELI DISTRICT.

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

+1. CC to M/S.ANAND.K., Advocate SR.No.9419

ORDER

IN CRL OP(MD) No.15710 of 2022 Date :01/09/2022 TRP SA/VR/SAR.4/02.09.2022/2P/7C https://www.mhc.tn.gov.in/judis 2/2