Madras High CourtCRL OP(MD)/19205/2021partly allowed

Gurulakshmi v. The Inspector Of Police

2021-12-06Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06.12.2021 PRESENT The Hon'ble Mr.Justice G.ILANGOVAN

1. GURULAKSHMI

2. PALRAJ ... PETITIONERS/ACCUSED NO.2 AND 3 VS THE STATE REP. BY, THE INSPECTOR OF POLICE, SOOLAKARAI POLICE STATION, VIRUDHUNAGAR DISTRICT.

(CRIME NO.187 OF 2021).

... RESPONDENT/COMPLAINANT For Petitioners: Mr.P.Banuprasath 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.187 of 2021 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioners/A2 and A3 herein, who were arrested on 17.11.2021 for the alleged offence under Sections 294(b), 307 and 506(ii) of IPC, in Crime No.187 of 2021on the file of the respondent police, seek bail.

2.The case of the prosecution is that due to previous enmity, the accused persons abused and assaulted the defacto complainant and his father, thereby caused injuries. Hence, the complaint. 3.The learned counsel for the petitioner submitted that the petitioners are innocent persons and they were falsely implicated in this case and they have not committed any offence as alleged by the prosecution.

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4.The learned Additional Public Prosecutor submitted that the totally three accused in this case. The petitioners are Accused Nos.2 and 3. They have assaulted the victims with wooden stick and knife. The injured persons in this case were discharged from the hospital.

5.Considering the specific overt act attributed against the first petitioner and considering the fact that the injured person has been discharged from the hospital, this Court is inclined to grant bail to the first petitioner with certain conditions. 6.Accordingly, the first 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 Principal District and Sessions Judge, Virudhunagar at Srivilliputhur, and on further condition that the first petitioner shall report before the respondent police daily at 10.30 a.m. until further orders.

7.However, considering the nature of injury and as well as the specific overt act that has been attributed against the second petitioner/A3, this Court is not inclined to grant bail to him. Accordingly, this Criminal Original Petition is dismissed in respect of the 2nd petitioner is concerned.

sd/- 06/12/2021 / TRUE COPY / / /2021 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.

1. THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, VIRUDHUNAGAR AT SRIVILLIPUTHUR.

2. THE OFFICER-INCHARGE, WOMEN PRISON, NILAKOTTAI, DINDIGUL DISTRICT.

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3. THE OFFICER-INCHARGE, DISTRICT PRISON, VIRUDHUNAGAR.

4. THE INSPECTOR OF POLICE, SOOLAKARAI POLICE STATION, VIRUTHUNAGAR DISTRICT.

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

+1 CC to M/s.P.BANUPRASATH, Advocate (SR-8893[I] dated 06/12/2021 )

ORDER

IN CRL OP(MD) No.19205 of 2021 Date :06/12/2021 tm USK/PN/SAR-II/(07.12.2021) 3P-7C 3/3