Periyasamy v. The Inspector Of Police

CRL OP(MD). No.20567 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/01/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.20567 of 2021 Periyasamy ... Petitioner/Accused No.6 Vs The state represented by The Inspector of Police, SIPCOT Police Station, Thoothukudi.

Cr.No. 394 of 2021.. ... Respondent/Complainant For Petitioner : M/s.John Vincent.A, Advocate.

For Respondent : Mr.S.S.Madhavan, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.394 of 2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused No.6 herein, who was arrested on 17.10.2021 for the alleged offence under Sections 147, 148, 294(b), 307, 302 and 506(ii) of IPC altered into Sections 147, 148, 294(b), 307, 302 and 506(ii), 427 and 120(b) of IPC in Crime No.394 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 persons had unlawfully assembled with deadly weapons, abused the deceased with filthy language and attacked him. The accused persons also attacked them with aruval and thereby they sustained injuries. Out of which one person died. They also caused damages to the vehicle of the defacto complaint. Hence, the complaint.

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. He would further submit that only 5 named and some unnamed accused were arrayed in this case. The petitioner's name is not found place in the FIR. The petitioner is friend of A3.

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CRL OP(MD). No.20567 of 2021 4.When the matter was called on 04.01.2022, the learned Additional Public Prosecutor submitted that the petitioner is involved in five previous cases. For the verification of the above antecedents this case is listed today. Today, it is stated that those cases were registered during the Anti-Sterlite agitation that went on during the concerned period. The co-accused in this has been released on bail by this Court by order dated 04.01.2022 in Crl.O.P. (MD).No.20870 of 2021.

5.Considering the period of incarceration and the co-accused in this case was released on bail, 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 Principal Sessions Judge, Thoothukudi, and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders. sd/- 05/01/2022 / TRUE COPY / / /2022 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 PRINCIPAL SESSIONS JUDGE THOOTHUKUDI 2 THE INSPECTOR OF POLICE SIPCOT POLICE STATION, THOOTHUKUDI.

3 THE OFFICER INCHARGE, SUB JAIL, THOOTHUKUDI.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S.JOHN VINCENT A Advocate SR.No.44

ORDER

IN CRL OP(MD) No.20567 of 2021 Date :05/01/2022 SS/SKN/SAR-IV/05.01.2022 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2