Shreekanth @ Mariappan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/09/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Shreekanth @ Mariappan ... Petitioner/Accused No.2 Vs The Inspector of Police, Manur Police Station, Tirunelveli District.
Crime No.416 of 2023.
... Respondent/Complainant For Petitioner : Mr.D.SELVANAYAGAM, 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 petitioner/2nd accused herein, who was arrested on 30.08.2023 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, seeks bail. 2.The case of the prosecution is that on 28.08.2023 at about 08.30 p.m., when the defacto complainant and his relatives were sitting in front of his grand mother's house situated in Kalakkudi, one Prakash came that way on his motor bike after 1/3
dropping off the defacto complainant's brother's child at his home and at that time, the first accused went towards him, willfully stood against his bike, dashed against his motor bike and this led to wordy quarrel between them. Following the same, the defacto complainant complained about the same to the first accused's mother, the first accused along with other accused assaulted the defacto complainant with their hands on his cheek, back and abdomen and the fifth accused attacked him using stones on the back of his head. Hence, the complaint. 3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. 4.The learned Additional Public Prosecutor submitted that it is a case in counter case.
In both the cases, injured have 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 between the parties out of the Court, 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 2/3
of the learned Judicial Magistrate No.V, Tirunelveli, and on further condition that the petitioner shall report before the respondent police as and when required for interrogation sd/- 12/09/2023 / TRUE COPY / 12/09/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.
INDU TO 1 THE JUDICIAL MAGISTRATE COURT NO.V, TIRUNELVELI. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT. 3 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI. 4 THE INSPECTOR OF POLICE, MANUR POLICE STATION, TIRUNELVELI DISTRICT.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.D.SELVANAYAGAM, Advocate ( SR-13489[I] dated 12/09/2023 ) ORDER IN CRL OP(MD) No.16504 of 2023 Date :12/09/2023 SA/SAR. /12.09.2023/3P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 3/3