Vijay v. The Inspector Of Police

CRL OP(MD). No.16283 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/09/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.16283 of 2022 Vijay ... Petitioner/Accused No.5 Vs State Rep.by The Inspector of Police, Thanjavur Taluk Police Station, Thanjavur District.

Crime No.954 of 2022.

... Respondent/Complainant For Petitioner : Mr.R.L.Dhilipan Pandian, Advocate.

For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No. 954 of 2022 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner is facing charges under Sections 147, 148, 294 (b), 324, 506(2) and 307 IPC in Crime No.954 of 2022 on the file of the respondent police.

2.The case of the prosecution as per the complaint lodged by the defacto complainant is that on 23.08.2022 at about 01.45 am., the temple festival was in the process of closing and at that time, the accused persons picked up quarrel to play the music. That was objected by the defacto complainant's party, over which one Shanmugabalan was assaulted.

3.In continuation of the aforesaid occurrence, at about 09.30 am., the accused person in the present case caused assault to the defacto complainant and two persons were assaulted with deadly weapon and wooden log, as a result of which they have been taken to the hospital. Based upon the compliant given by the defacto complainant, when he was admitted in the hospital, the present case was registered.

4.The learned Additional Public Prosecutor for the respondent would submit that in respect of the aforesaid occurrence, the aforesaid Shanmugabalan has been brutally assaulted, over which the https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.16283 of 2022 case in Crime No.953 of 2022 was registered for the offences punishable under Sections 147, 148, 294(b), 324, 36, 506(2) and 427 IPC. This petitioner has brutally attacked the defacto complainant also. He has got grievous injury on the head and forearm etc., 5.It appears that both side people quarrelled with each other over the aforesaid simple issue in continuing the music play after the closure of the temple festival. It appears that out of the simple issue, quarrel has arisen between the two groups of people. 6.Considering the period of incarceration, this Court is inclined to grant bail to the petitioner with stringent 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/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Thanjavur District, and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders. sd/- 09/09/2022 / TRUE COPY / 09/09/2022 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.II, THANJAVUR DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

3 THE OFFICER INCHARGE, SUB JAIL, THANJAVUR.

4 THE INSPECTOR OF POLICE, THANJAVUR TALUK POLICE STATION, THANJAVUR DISTRICT.

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

ORDER IN CRL OP(MD) No.16283 of 2022 Date :09/09/2022 MM RS/VR/SAR.3 (09.09.2022) 2P-6C https://www.mhc.tn.gov.in/judis 2/2