Esakkipandi @ Mani v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/09/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Esakkipandi @ Mani ... Petitioner / Sole Accused Vs State rep by The Sub Inspector of Police, Suthamalli Police Station, Tirunelveli District.

(Crime No.211 of 2023.) ... Respondent / Complainant For Petitioner :

Mr.S.Sathya Chidambaram, Advocate For Respondent :

Mr.B.Nambiselvan, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.211 of 2023 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/Sole Accused, who was arrested on 15/08/2023 for the offences punishable under sections 294(b), 307 and 506(ii) IPC, in Crime No.211 of 2023 on the file of the respondent police, seeks bail. 1/4

2.The case of the prosecution is that the petitioner asked the defacto complainant to take him also to work, but he refused. On 15.08.2023 at about 7.00 a.m., when the defacto complainant went to the work, the petitioner stopped him, abused using filthy language and also tried to attack him with deadly weapons. Hence, the complaint.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent. Originally, the petitioner was arrested in crime No.150 of 2023 and released on bail. In this circumstances, one communal murder happened in Cheranmahadevi, due to which, as per the direction to the Police to secure the persons, who are having previous cases, this petitioner was arrested.

4. The learned Additional Public Prosecutor would submit that investigation is almost over. Due to previous enmity over registration of First Information Report against this petitioner in Crime No.150 of 2023 under Section 379 IPC, the present occurrence said to have taken place. Further, there is no injury sustained by the defacto complainant.

5.Considering the facts and circumstances of this case, there is no injured in this case and also considering 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 2/4

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, Cheranmadevi, Tirunelveli District, and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders.

sd/- 04/09/2023 / TRUE COPY / 04/09/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

INDU To 1.The Judicial Magistrate, Cheranmadevi, Tirunelveli District.

2.Do through the Chief Judicial Magistrate, Tirunelveli District.

3.The Sub Inspector of Police, Suthamalli Police Station, Tirunelveli District.

4.The Superintendent, Central Prison, Palayamkottai.

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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+1 CC to M/s.S.SATHYA CHIDAMBARAM, Advocate ( SR-13179[I] dated 04/09/2023 )

ORDER

IN CRL OP(MD) No.16014 of 2023 Date :04/09/2023 ED/ /SAR- (04/09/2023) 4P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4