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Madras High CourtCRL OP(MD)/19770/2021allowed

Arun Kumar v. The Inspector Of Police

2021-12-15Honourable Mr Justice K.Murali Shankar2 pages

CRL OP(MD). No.19770 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15/12/2021 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.19770 of 2021 Arun Kumar ... Petitioner/Sole Accused Vs The State rep.by The Inspector of Police, VK Puram Police Station, Tirunelveli District.

(Crime No. 543 of 2021).

... Respondent/Complainant For Petitioner : Mr.R.ILAYARAJA 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. 543 of 2021 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/sole accused, who were arrested on 26.11.2021 for the alleged offence under Sections 294(b), 324 and 506(ii) and 307 of IPC, in Crime No.543 of 2021 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that due to family dispute between the petitioner and the defacto complainant's daughter, in a drunken mood, the petitioner abused the defacto complainant in filthy language and also attacked him with knife and caused injuries to him. Therefore, the present case came to be registered. 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 defacto complainant is the father-in-law of the petitioner. He would further submit that the petitioner is in judicial custody from 26.11.2021. 4.The learned Additional Public Prosecutor submitted that two previous cases are pending against the petitioner and also submitted that the investigation has been completed and the final report was also filed before the learned Judicial Magistrate, Ambasamudram, and https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.19770 of 2021 the same was not taken on file so far. He would further submit that the injured has been discharged from the hospital. 5.Considering the facts and the circumstances of this case, also the fact that the injured has been discharged from the hospital 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, Ambasamudram, and on further condition that the petitioner shall report before the learned Judicial Magistrate, Ambasamudram, daily at 10.30 a.m. until further orders. sd/- 15/12/2021 / 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 AMBASAMUDRAM.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3 THE OFFICER INCHARGE SUB JAIL, NANGUNERI.

4 THE INSPECTOR OF POLICE, VK PURAM POLICE STATION, TIRUNELVELI DISTRICT.

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

ORDER IN CRL OP(MD) No.19770 of 2021 Date :15/12/2021 SA/PN/SAR.2/15.12.2021/2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2