N.Vijayakumar v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17/08/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN
1. N.Vijayakumar
2. K.Chandramohan ... Petitioners/Accused Rank Nos.A1 to A2 Vs State Rep.by The Inspector of Police, Thiruvidaimaruthur Police Station, Thanjavur District, Crime No.542/2023.
... Respondent/Complainant For Petitioners :
M/s.Dhilipan Pandian.R.L, 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.542 of 2023 on the file of the respondent police ORDER : The Court made the following order :- The petitioners/Accused herein, who were arrested on 01.08.2023 for the alleged offence under Sections 147, 148, 294(b), 307, 323, 324 of IPC and Section 4 of TNPHW Act, in Crime No.542 of 2023, on the file of the respondent police, seeks bail. 1/3
2. The case of the prosecution is that due to land dispute, the petitioners along with the other accused abused the defacto complainant in filthy language and also attacked him. Hence, the complaint.
3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. He further submitted that for the very same occurrence, FIR in Crime No.541 of 2023 was registered against the defacto complainant and others and also submitted that this Court has granted anticipatory bail to the co-accused on 10.08.2023. The petitioners are in custody from 01.08.2023. Hence, prays for bail.
4. The learned Additional Public Prosecutor (Crl.Side) submitted that no previous case is pending against the petitioners and also submitted that the injured has been discharged from the hospital. He further submitted that it is a case in counter case.
5.Considering the facts and circumstances of the case, the grant of anticipatory bail to the co-accused and also considering the period of incarceration undergone by the petitioners, this Court is inclined to grant bail to the petitioners with stringent conditions.
6.Accordingly, this Criminal Original Petition is allowed and the petitioners ordered to be released on bail, on executing a personal bond for a sum of Rs.10,000/- 2/3
(Rupees Ten Thousand only) each, with two sureties each for a like sum to the satisfaction of the learned District Munsif Cum Judicial Magistrate Court, Thiruvidaimaruthur, Thanjavur District, and on further condition that the petitioners shall report before the respondent police daily at 10.30 a.m. until further orders. sd/- 17/08/2023 / TRUE COPY / 17/08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TTA TO THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, THIRUVIDAIMARUTHUR, THANJAVUR DISTRICT.
DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.
THE OFFICER INCHARGE, DISTRICT PRISON, THANJAVUR, THANJAVUR DISTRICT.
THE INSPECTOR OF POLICE THIRUVIDAIMARUTHUR POLICE STATION, THANJAVUR DISTRICT. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER IN CRL OP(MD) No.14995 of 2023 Date :17/08/2023 RS//SAR-(17.08.2023) 3P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3