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Madras High CourtCRL OP(MD)/16508/2023granted

R.Selvam @ Muthuselvam v. The Inspector Of Police

2023-09-13Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13/09/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN R.Selvam @ Muthuselvam ... Petitioner/Accused No.1 Vs State Rep.by The Inspector of Police, Tirunelveli Taluk Police Station, Tirunelveli Crime No.256/2023.

... Respondent/Complainant For Petitioner :

M/s.Karthick.R.J., 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.256/2023 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/Accused No.1 herein, who was arrested on 03.09.2023 for the alleged offences under Sections 294(b), 353, 307, 506(ii) of IPC in Crime No.256 of 2023, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that because of communal clash that occurred in the above said Village, a murder has took place in the month of August 2023. It appears that as a preventive measure FIR has been registered against both the communal groups. One among the FIRs the present FIR registered against his 1/3

petitioner.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and she has not committed any offence as alleged by the prosecution.

4.The learned Additional Public Prosecutor submitted that there were two previous cases for the offences under TOBOCCO Act, which ended in acquittal. 5.Considering the period of incarceration and the previous cases pending against the petitioner ended in acquittal, this Court is inclined to grant bail to the petitioner with stringent 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 No.III, Tirunelveli and on further condition that the petitioner shall stay at Madurai and report before the learned Judicial Magistrate No.I, Madurai, daily at 10.30 a.m. until further orders. sd/- 13/09/2023 / TRUE COPY / 13/09/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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TM TO 1 THE JUDICIAL MAGISTRATE NO.III, TIRUNELVELI. 2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI, TIRUNELVELI DISTRICT.

4 THE INSPECTOR OF POLICE, TIRUNELVELI TALUK POLICE STATION, TIRUNELVELI.

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

COPY TO 1 THE JUDICIAL MAGISTRATE NO.I, MADURAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT. +1 CC to M/s.R.J.KARTHICK, Advocate ( SR-13562[I] dated 13/09/2023 ) ORDER IN CRL OP(MD) No.16508 of 2023 Date :13/09/2023 RS//SAR-(13.09.2023) 3P 9C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3