Mariappan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/08/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN
1. Mariappan
2. Venkadraman @ Venkadesh ... Petitioners / Accused No.1 & 2 Vs State through The Inspector of Police, Veeravanallur Police Station, Tirunelveli District, (Crime No.221 of 2023.) ... Respondent / Complainant For Petitioners :
M/s.Sathya Chidambaram.S, 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.221 of 2023 on the file of the respondent police. ORDER : The Court made the following order :- The petitioners/Accused Nos.1 and 2 herein, who were arrested and remanded to judicial custody on 03.08.2023 for the alleged offence under Sections 294(b), 506(2) of 1/4
IPC and r/w Section 92(a) of the Rights of Persons with Disabilities Act, 2016, in Crime No.221 of 2023 on the file of the respondent police, seek bail.
2. The case of the prosecution is that the petitioners are facing trial before the trial Court in Crime Crime No.691 of 2020. The petitioners along with the other accused persons abused the defacto complainant and others in filthy language and also threatened them to withdraw the above said case. Hence, the complaint.
3. On 23.08.2023, this Court had directed the petitioners to verify whether P.W.1 has been cross examined by the petitioners or not.
4. Today, when the matter is taken up for hearing, the learned counsel for the petitioners have produced the status report before this Court, wherein it is stated that in C.C.No.582 of 2022, P.W.1 and P.W.2 were examined in chief and they were not cross examined by the petitioners and two other witnesses were cross examined. 5 . In view of the pendency of the trial before the trial Court 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 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, Cheranmahadevi, Tirunelveli 2/4
District, and on further conditions that the petitioners shall stay at Trichy and report before the learned Judicial Magistrate No.I, Trichy daily at 10.30 a.m. until further orders and on the date of hearing alone, the petitioners shall appear before the trial Court.
7.The petitioner shall also file an undertaking affidavit before the trial Court stating that they will not make any trouble to the witnesses and also the defacto complainant. If there is any violation of affidavit or if any fresh case is registered against these petitioners, the bail granted by this Court and the bail granted in C.C.No.582 of 2022 shall stand cancelled automatically without any reference to the Court.
sd/- 25/08/2023 / TRUE COPY / 25/08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TTA To 1.The Judicial Magistrate, Cheranmahadevi, Tirunelveli District.
2.Do through the Chief Judicial Magistrate, Tirunelveli District.
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3.The Judicial Magistrate No.I, Trichy.
4.Do through the Chief Judicial Magistrate, Trichy District. 5.The Inspector of Police, Veeravanallur Police Station, Tirunelveli District.
6.The Superintendent, Central Prison, Palayamkottai.
7.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.S.SATHYA CHIDAMBARAM, Advocate ( SR-12813[I] dated 25/08/2023 )
ORDER
IN CRL OP(MD) No.15328 of 2023 Date :25/08/2023 ED/ /SAR- (25/08/2023) 4P / 9C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4