Chinnaraja v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/09/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Chinnaraja ... Petitioner/Accused No.2 Vs State Rep.by The Inspector of Police, Thiruvonam Police Station, Thanjavur District.

Crime No.553 of 2023.

... Respondent/Complainant For Petitioner :

Mr.R.Alagia Nambi, Advocate For Respondent :

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

PRAYER :- For Bail in Crime No.553 of 2023 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/2nd Accused, who was arrested on 04.08.2023 for the alleged offence under Sections 448, 427, 294(b), 324, 307 IPC, in Crime No.553 of 2023, on the file of the respondent Police, seeks bail.

2. The case of the prosecution is that the on 03.08.2023 at about 6.30 p.m., when 1/4

the younger son of the defacto complainant was sitting along with his friends at Government Higher Secondary School, Aananthagopalapuram, the accused came there, attacked the son of the defacto complainant with wooden log and also threatened him that how they will conduct cricket tournament. After the above said occurrence, the accused persons caused damage to the door of the defacto complainant's house.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent and has not committed any offence as alleged by the prosecution. He would further submit that the petitioner is in judicial custody from 04.08.2023. 4.The learned Additional Public Prosecutor appearing for the respondent Police submitted that because of the objection made by the petitioner over arranging the cricket tournament in the above said village, the trouble arose between the parties. Further, the accused persons caused damage to the house of the defacto complainant, but no particulars available with regard worth of the above said damage. 5.Accordingly, this Criminal Original Petition is allowed on condition that the petitioner shall deposit a sum of Rs.25,000/-(Rupees Twenty Five Thousand only) in order to the damage caused by the petitioner to the defacto complainant's house to the credit of Cr.No.553 of 2023 before the trial Court concerned, without prejudice to his rights and contentions before the trial Court. 2/4

6.On such deposit being made, 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, Orathanadu, and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders. The defacto complainant is permitted to withdraw the above said amount to be deposited by the petitioner without waiting for conclusion of above said trial. sd/- 07/09/2023 / TRUE COPY / 07/09/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Indu TO 1 THE JUDICIAL MAGISTRATE, ORATHANADU.

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

3 THE INSPECTOR OF POLICE, THIRUVONAM POLICE STATION, THANJAVUR DISTRICT.

4 THE OFFICER INCHARGE, DISTRICT PRISON, THANJAVUR. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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COPY TO THE PRINCIPAL SESSIONS JUDGE, THANJAVUR.

+1 CC to M/s.R.ALAGIA NAMBI, Advocate ( SR-13295[I] dated 07/09/2023 )

ORDER

IN CRL OP(MD) No.16171 of 2023 Date :07/09/2023 RS//SAR-(07.09.2023) 4P 8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4