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Madras High CourtCRL OP(MD)/19994/2021allowed

Auto Bala @ Bala v. The Inspector Of Police

2021-12-15Honourable Mr Justice G.Ilangovan2 pages

CRL OP(MD). No.19994 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.19994 of 2021 Auto Bala @ Bala ... Petitioner/Accused No.1 Vs The State rep.by, The Inspector of Police, Pattukkottai Town Police Station, Thanjavur District.

Crime No.1056 of 2021. ... Respondent/Complainant For Petitioner : Mr.K.M.Karunakaran, 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.1056 of 2021 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/Accused No.1, who was arrested on 28.09.2021 for the alleged offence under Sections 294(b), 324 and 506(ii) and 307 of IPC, in Crime No.1056 of 2021 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner along with other accused, in a drunken mood abused the defacto complainant in filthy language and also attacked him with wooden log and bottle 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 would further submit that the petitioner is in judicial custody from 28.09.2021.

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CRL OP(MD). No.19994 of 2021 4.The learned Additional Public Prosecutor submitted that the petitioner filed a bail application before the Principal Sessions Judge, Thanjavur in Cr.M.P.No.5795 of 2021 and the same was dismissed on 07.12.2021 on the ground that the petitioner is having six previous cases to his credit. He would further submit that the investigation has been completed and the final report was filed before the Judicial Magistrate, Pattukottai.

5.Considering the facts and the circumstances of this case, filing of the final report 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, Pattukkottai, and on further condition that the petitioner shall report before the learned Judicial Magistrate, Pattukkottai, 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, PATTUKOTTAI.

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

3 THE OFFICER INCHARGE, DISTRICT JAIL, PUDUKKOTTAI.

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

ORDER

IN CRL OP(MD) No.19994 of 2021 Date :15/12/2021 TTA MK/PN/SAR.II/15.12.2021/2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2