Madras High CourtCRL OP(MD)/15808/2022ordered

Sundar v. The Inspector Of Police

2022-09-02Honourable Mr Justice G.Ilangovan2 pages

CRL OP(MD). No.15808 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/09/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.15808 of 2022

1. Sundar

2. Kumar @ Murugan ... Petitioners/Accused 2 & 3 Vs State Rep.by The Inspector of Police, Tirunelveli Taluk Police Station, Tirunelveli District.

(Crime No.202/2022).

... Respondent/Complainant For Petitioners : M/s.A.Sivasubramanian, 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.202/2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners/A2 and A3 herein, who were arrested on 18.08.2022 for the alleged offence under Sections 294(b), 307, 342, 352 and 506(ii) of IPC, in Crime No.202 of 2022 on the file of the respondent police, seek bail.

2.The case of the prosecution is that the defacto complainant lodged a complaint stating that on 03.08.2022, there was earlier occurrence. Due to which, the defacto complainant was assaulted by the petitioners. Over which, case in Crime No.190 of 2022 was registered. Whether the petitioner was arrested in the above said crime number is not known.

3.The learned Government Advocate (Crl.Side) is not in a position to inform the same. Insofar as this case is concerned he stated that it is a case and case in counter. Upon the above said occurrence, counter case has been registered in Crime No.201 of 2022.

4.Reading of the FIR shows that there was trouble between the parties over the above said previous enmity. Upon which, the accused persons caused assault with aruval and injury has been sustained. https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.15808 of 2022 Insofar as the counter case is concerned only criminal intimidation has been reported.

5.Considering the period of incarceration and also considering the fact that it is a case and case in counter and due to previous enmity, trouble has arisen between the parties, this Court is inclined to grant bail to the petitioners with certain conditions. 6.Accordingly, 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 Judicial Magistrate No.III, Tirunelveli, and on further condition that the petitioners shall report before the respondent police daily at 10.30 a.m. until further orders. sd/- 02/09/2022 / TRUE COPY / 02/09/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1 THE JUDICIAL MAGISTRATE NO.III, TIRUNELVELI 2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT. 3 THE SUPERINTENDENT, CENTRAL JAIL, PALAYAMKOTAI. 4 THE INSPECTOR OF POLICE, TIRUNELVELI TALUK POLICE STATION, TIRUNELVELI DSITRICT.

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

ORDER IN CRL OP(MD) No.15808 of 2022 Date :02/09/2022 dss RS/SVR/SAR.1 (02.09.2022) 2P-6C https://www.mhc.tn.gov.in/judis 2/2