Ragu Babu v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/10/2022 PRESENT The Hon`ble Mrs.Justice T.V.THAMILSELVI Ragu Babu ... Petitioner/2nd Accused Vs State Rep.by The Inspector of Police, Kovilpatti East Police Station, Thoothukudi District (Crime No.424 of 2022).

... Respondent/Complainant For Petitioner : M/s.Paul Kanagaraj R C, Advocate.

For Respondent : Mr.B.Nambi Selvan, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- Bail in crime No.421 of 2022 on the file of the Respondent Police ORDER : The Court made the following order :- The petitioner/A2, who was arrested and remanded judicial custody on 18.09.2022 for the offences punishable under Sections 147, 148, 341, 294(b),332,353,307 and 506(2) of IPC in Crime No.424 of 2022, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that on 18.09.2022 the petitioner along with other accused unlawfully assembled and restrained the defacto complainant, abused him in filthy language and also attacked him iron road and thereby prevented him from discharging his duty. Hence the case came to be registered. 3.The learned counsel for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submits that on the date of occurrence the petitioner along with other accused were pasting wall poster in the locality and at that time the respondent police took away all the poster and attacked the petitioner in 1/3

which two persons sustained injuries. He would further submit that the petitioner is in judicial custody from 18.09.2022, hence he seeks bail.

4.The learned Additional Public Prosecutor would submit that some of the accused are having previous cases. He would also submit that some of the police officers sustained injuries in the said occurrence and they are still taking treatment. 5.Though it is stated by the respondent that some of the police officers who are injured in the occurrence is still taking treatment, no proof has been produced by them to substantiate the same. Taking into consideration the facts and circumstances of the case and also considering the fact that the investigation is almost completed and also taking into consideration the period of incarceration, this Court is inclined to grant bail to the petitioner subject to the following conditions. 6.Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.

25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Kovilpatti.

(ii)the petitioner shall stay at Karur and report before the learned Judicial Magistrate No.I, Karur daily at 10.30 a.m., for a period of eight weeks and thereafter as and when required for interrogation;

(iii)the petitioner shall not tamper with evidence or witness; (iv)the petitioner shall not abscond during trial; (v)On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. sd/- 06/10/2022 / TRUE COPY / 06/10/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1 THE JUDICIAL MAGISTRATE NO.I, KOVILPATTI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT. 3 THE JUDICIAL MAGISTRATE NO.I, KARUR.

4 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KARUR. 5 THE OFFICER INCHARGE, DISTRICT JAIL, PERURANI, THOOTHUKUDI DISTRICT.

6 THE INSPECTOR OF POLICE, KOVILPATTI EAST POLICE STATION, THOOTHUKUDI DISTRICT.

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

+1 CC to M/s.R.C.PAUL KANAGARAJ, Advocate ( SR-10948[I] dated 06/10/2022 )

ORDER

IN CRL OP(MD) No.17732 of 2022 Date :06/10/2022 AAV RS/SVR/SAR.4(06.10.2022) 3P-9C 3/3