Amalraj v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16/08/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.14665 of 2023 Amalraj ... Petitioner/Accused No.10 Vs The Inspector of Police, Vedasandur Police Station, Dindigul District.
(Crime No.155 of 2023).
... Respondent/Complainant For Petitioner : M/s.Arul Jenifer.A, 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.155 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner, who was arrested on 23.06.2023 for the alleged offence under Sections 302 of IPC @ into 109, 147, 148, 302 of IPC, in Crime No.155 of 2023 on the file of the respondent police, seeks bail.
2. The prosecution case as per the defacto complainant is that her mother put up the construction in the poramboke land, 25 days prior to the occurrence, the first
accused, namely, Alex Raj and Edison Raj came to the defacto complainant's mother house and demanded a sum of Rs.2,00,000/-(Rupees Two Lakhs only) as momul and also criminally intimidated her. Again on 20.06.2023 at about 06.30 p.m petitioner threatened the defacto complainant's mother. Therefore, the defacto complainant's husband went to the Thadikombu. Thereafter, he did not return. Therefore, the defacto complainant and one another searched him and found her husband near Santhavarthini River Bridge with grievous injuries. Thereafter, the defacto complainant took her husband to the hospital for treatment, wherein he died. Hence the complaint.
3. The learned counsel for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution. He would further submit that the petitioner is in judicial custody from 23.06.2023 and the previous bail application that was filed by the petitioner was dismissed by the Principal Sessions Judge, Dindigul on 03.08.2023. He further submitted that even in the FIR there is no specific allegation made against the petitioner.
4. The learned Additional Public Prosecutor appearing for the respondent Police submitted that the petitioner is having four previous cases.
5. The respondent police is present before this Court and he has stated that there is no proposal pending to invoke Act 14.
6. Considering the fact and circumstances of this case and considering the period of incarceration and there is no specific overtact has been attributed against 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/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate Court, Vedasandur, and on further condition that the petitioner shall report before the respondent Police daily at 10.30 a.m. until further orders.
sd/- 16/08/2023 / TRUE COPY / 16/08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TTA TO 1 THE JUDICIAL MAGISTRATE, VEDASANDUR.
2 DO-THROUGH :
THE CHIEF JUDICIAL MAGISTRATE, DINDUGAL DISTRICT. 3 THE OFFICER INCHARGE, DISTRICT PRISON, DINDIGUL.
4 THE INSPECTOR OF POLICE VEDASANDUR POLICE STATION, DINDIGUL DISTRICT.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.KBS LAW OFFICE, Advocate ( SR-12326[I] dated 16/08/2023 )
ORDER
IN CRL OP(MD) No.14665 of 2023 Date :16/08/2023 SS/16/08/2023/4P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023