Sankar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13/12/2021 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). Nos.19311 & 19312 of 2021 Sankar ... Petitioner/Accused No.6 in both the petitions Vs The State rep.by, The Inspector of Police, Pattukottai Taluk Police Station, Thanjavur District.

(Crime No.638 & 637 of 2021) ... Respondent/Complainant in both the petitions In both the petitions For Petitioner : Mr.K.M.Karunakaran, Advocate.

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

COMMON PRAYER :-For Bail in Crime Nos.638 & 637 of 2021 on the file of the respondent police.

COMMON ORDER : The Court made the following order :- The petitioner/Accused No.6 herein, who was arrested on 24.11.2021 for the alleged offence under Sections 294(b), 341, 395 and 506 (ii) IPC, in Crime No.638 of 2021 and for the offences punishable under Section 147, 148, 341, 294(b), 307 and 506(ii) IPC in Crime No.637 of 2021, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that on 22.11.2021 at about 08.00 p.m. when the defacto complainants present in the TASMAC, the petitioner along with other accused persons are said to have assaulted the defacto complainants and threatened them with dire consequences.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He would further submitted that the petitioner is in judicial custody from 24.11.2021 and coaccused has also been granted bail by this Court in Crl.OP(MD) Nos.19662 & 19655 of 2021, dated 10.12.2021. Hence, he seeks bail to the petitioner.

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4.The learned Additional Public Prosecutor submitted that the injured persons have been discharged from the hospital on 28.11.2021. There is no previous case pending against the petitioner and co-accused was released on bail by this Court on 10.12.2021. 5.Considering the antecedents of the petitioner and he has not involved in any previous case and considering the fact that the injured person has been discharged from the hospital, this Court is inclined to grant bail to the petitioner with certain conditions. 6.Accordingly, these Criminal Original Petitions are 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, Pattukottai, Thanjavur District, and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders. sd/- 13/12/2021 / 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.

TO 1 THE JUDICIAL MAGISTRATE, PATTUKOTTAI, THANJAVUR.

2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJORE DISTRICT AT KUMBAKONAM.

3 THE SUPERINTENDENT, CENTRAL PRISION, TRICHY.

4 THE INSPECTOR OF POLICE PATTUKOTTAI TALUK POLICE STATION, THANJAVUR DISTRICT. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.19311 of 2021 Date :13/12/2021 DSS MK/PN/SAR.IV/13.12.2021/2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2