Venkatesan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/12/2021 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Venkatesan, ... Petitioner/Sole Accused Vs State Rep by, The Inspector of Police, Ariyamangalam Police Station, Trichy City.

(Crime No. 503 of 2021).

... Respondent/Complainant For Petitioner : MR.T.Lenin Kumar,Advocate.

For Respondent : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No. 503 of 2021 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/sole accused, who were arrested on 15.10.2021 for the alleged offence under Sections 294(b), 324 and 506(ii) of IPC @ 294(b), 324 and 307 of IPC @ 294(b), 324 and 302 of IPC, in Crime No.503 of 2021 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that due to property dispute, in a drunken mood, the deceased trespassed into the petitioner's house and thereafter, a wordy quarrel arose between the petitioner and the deceased. The petitioner attacked the deceased with deadly weapons and caused grievous injuries to him and he was admitted in the hospital and thereafter 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 further submitted that the petitioner and the deceased are brothers and also submitted that in a drunken mood, the 1/3

deceased came to the petitioner's house and started to quarrel with the petitioner and attempted to attack the petitioner with wooden log and without having balance, the deceased fel on the foot step, sustained injuries. He would further submit that the petitioner is in judicial custody from 15.10.2021.

4.The learned Additional Public Prosecutor submitted that no previous case is pending against the petitioner and also submitted that so far 9 witnesses have been examined.

5.Considering the manner in which the above said occurrence had taken place and the period of incarceration, this Court is inclined to grant bail to the petitioner with certain conditions. 6.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.IV, Trichy and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders.

sd/- 09/12/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

tta 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.IV, TRICHY.

DO THROUGH: THE CHIEF JUDICIAL MAGISTRATE, TRICHY.

3 THE INSPECTOR OF POLICE ARIYAMANGALAM POLICE STATION, TRICHY CITY, 2/3

THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.

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

+1. CC to MR.T.LENIN KUMAR, Advocate SR.No.9058(I)

ORDER

IN CRL OP(MD) No.18874 of 2021 Date :09/12/2021 PKP/PN/SAR-2/10.12.2021/3P/7C 3/3