Shiyam @ Santhosh v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/08/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Shiyam @ Santhosh ... Petitioner/Accused No.1 Vs State Rep.by The Inspector of Police, Aruppukottai Town Police Station, Virudhunagar District, Crime No.178/2023.

... Respondent/Complainant For Petitioner :

M/s.Micheal Sebastin, 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.178 of 2023 on the file of the respondent police ORDER : The Court made the following order :- The petitioner/Accused herein, who was arrested for the alleged offence under Sections 452, 342, 294(b), 324 and 307 of IPC, in Crime No.178 of 2023, on the file of the respondent police, seeks bail.

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2. The case of the prosecution is that the petitioner along with the other accused attacked the defacto complainant's sister, namely, Ananthi and caused serious injuries to her. Hence, the complaint.

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. He further submitted that the injured, namely, Ananthi, is none other than the petitioner's mother, who is developed illegal intimacy with some other person and the petitioner saw the same in person. Out of the angry only, the petitioner attacked her mother and caused injuries to her. He further submitted that the injured is discharged from the hospital and he is also ready to file an undertaking that he will not make any trouble to her in future. Hence, prays for bail.

4. The learned Additional Public Prosecutor (Crl.Side) submitted that the petitioner attacked his mother with with wooden log and caused head injuries to her. He further submitted that the injured has been discharged from the hospital.

5. Considering the facts and circumstances of the case, the readiness of the petitioner to file an affidavit that he will not make any trouble to her in future and also considering the period of incarceration 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 2/4

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, Aruppukkottai, on further condition that the petitioner shall also file an undertaking affidavit before the trial Court that he will not make any trouble to the defacto complainant's sister in future and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders.

sd/- 04/08/2023 / TRUE COPY / 04/08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TTA TO 1 THE JUDICIAL MAGISTRATE, ARUPPUKKOTTAI.

2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTTUR.

3 THE OFFICER INCHARGE SUB JAIL, VIRUDHUNAGAR.

4 THE INSPECTOR OF POLICE ARUPPUKOTTAI TOWN POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

COPY TO THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, VIRUDHUNAGAR DISTRICT.

+1 CC to M/s.V.VIJAYENDIRAN, Advocate ( SR-11824[I] dated 04/08/2023 )

ORDER

IN CRL OP(MD) No.14295 of 2023 Date :04/08/2023 RS//SAR-(04.08.2023) 4P 8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4