Esakkiraju v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/09/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN

1. Esakkiraju

2. Mathan @ Madhankumar ... Petitioners/Accused 1 & 4 Vs The State rep.by, The Inspector of Police, Manur Police Station, Tirunelveli District.

Crime No. 416/2023.

... Respondent/Complainant For Petitioner : M/s.Seetha.K,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. 416 of 2023 on the file of the respondent police. ORDER : The Court made the following order :- The petitioners/A1 and A4 herein, who were arrested on 29.08.2023 for the alleged offence under Sections 147, 294(b), 323, 307 and 506(ii) of IPC, in Crime No.416 of 2023 on the file of the respondent police, seek bail. 1/4

2.The case of the prosecution is that on 28.08.2023, at about 8.30 p.m., when the defacto complainant standing along with his relatives in front of his grandmother's house, one Prakash took his brother's child, who was crying and dropped with her sister-in-law. At that time, the first accused stopped the above said vehicle and picked up wordy quarrel with him. When the same was questioned by the defacto complainant, all the other accused persons gathered, abused the defacto complainant, picked up quarrel and assaulted them, thereby caused severe injuries. Hence, the complaint.

3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they were falsely implicated in this case and they have not committed any offence as alleged by the prosecution. There is a case in counter case. 4.The learned Additional Public Prosecutor submitted that it is a case in counter case. The injured in this case has been discharged from the hospital. The matter has been settled out of the court between the parties, in the presence of the elders. 5.Considering the fact that it is a case in counter case, in both the cases the injured have been discharged from the hospital and the matter has been settled 2/4

between the parties out of the Court, this Court is inclined to grant bail to the petitioners with certain conditions.

6.Accordingly, the petitioners are ordered to be released on bail, on executing a personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.V, Tirunveli and on further condition that the petitioners shall report before the respondent police as and when required for interrogation. sd/- 11/09/2023 / TRUE COPY / 11/09/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

tm TO

1. The Judicial Magistrate No.V, Tirunelveli.

2. Do-Through The Chief Judicial Magistrate, Thirunelveli District.

3. The Superintendent, Central Prison, Palayamkottai. 4.The Inspector of Police, Manur Police Station, Tirunelveli District.

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

+1 CC to M/s.K.DILEEBAN, Advocate ( SR-13428[I] dated 11/09/2023 )

ORDER

IN CRL OP(MD) No.16383 of 2023 Date :11/09/2023 RK (11/09/2023) 4P /7 C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4