A.Amarnath v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13/09/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN
1. A.Amarnath
2. K.Karthik @ Kartheeswaran,
3. R.Selvam,
4. R.Arunkumar ... Petitioners/Accused Rank Nos.1 to 4 Vs State Rep.by The Inspector of Police, Rajapalayam North Police Station, Virudhunagar District.
Crime No.293 of 2023.
... Respondent/Complainant For Petitioners :
M/s.D.Rajaboopathy, 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.293 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 28.08.2023 for the alleged offences under Sections 294(b), 324, 341, 506(ii) of IPC @ 294(b), 324, 341, 307, 1/4
506(ii) of IPC, in Crime No.293 of 2023 on the file of the respondent police, seek bail. 2.The case of the prosecution is that on 28.08.2023 at 4.45 p.m., when the defacto complainant and his friend Karuppasamy were riding a two wheeler and when they were nearing the Pillaiyarkovil, Malaiapuram Bus Stop, Rajapalaya, the petitioners were coming in an another two wheeler and hit on the defacto complainant's two wheeler. When the defacto complainant questioned the same, the petitioners waylaid the defacto complainant, abused him using filthy language and in order to kill him attempted to assault with a sickle. In order to escape from the petitioners, the defacto complainant and his friend ran away from the place of occurrence and entered into his aunt's house and locked the door.
At that time, the petitioners chased them and knocked the door and threatened to kill them. Hence, the complaint. 3.The learned counsel for the petitioner 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. 4.The learned Additional Public Prosecutor submitted that the first petitioner is having one previous case in crime No.21 of 2023, which is still pending. The petitioners are having no previous case.
5.Considering the period of incarceration and except the first petitioner other petitioners are having no previous cases, this Court is inclined to grant bail to the 2/4
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, Rajapalayam and on further condition that the petitioners shall report before the respondent police daily at 10.30 a.m. until further orders. However, the first petitioner/first accused shall file and undertaking affidavit before the trial Court to the effect that he will not indulge in any offence in future. sd/- 13/09/2023 / TRUE COPY / 13/09/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TM TO 1 THE JUDICIAL MAGISTRATE, RAJAPALAYAM.
2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.
3 THE OFFICER INCHARGE, DISTRICT JAIL, VIRUDHUNAGAR, VIRUDHUNAGAR DISTRICT.
4 THE INSPECTOR OF POLICE, RAJAPALAYAM POLICE STATION, VIRUDHUNAGAR DISTRICT.
3/4
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
COPY TO THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTTUR.
+1 CC to M/s.D.RAJABOOPATHY, Advocate ( SR-13613[I] dated 13/09/2023 )
ORDER
IN CRL OP(MD) No.16579 of 2023 Date :13/09/2023 RS//SAR-(13.09.2023) 4P 8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4