Eswaran v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15/09/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.16766 of 2023 Eswaran ... Petitioner/Accused No.8 Vs.

The State represented by The Sub-Inspector of Police, Vangal Police Station, Karur District.

Crime No.306 of 2023.

... Respondent/Complainant For Petitioner : Mr.R.L.Dhilipan Pandian, 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.306 of 2023 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/Accused No.8, who was arrested on 08.08.2023 for the alleged offence under Sections 147, 148, 294(b), 323, 324, 506(ii) and 307 I.P.C., in Crime No.306 of 2023, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that due to civil dispute, on 08.08.2023 at about 9.30 a.m., the petitioner along with others accused were trying to put hut nearby the quarry, which belongs to the defacto complainant, when the same was questioned by the defacto complainant, the petitioners and others attacked the defacto complainant. The first accused stabbed Raguvaran with knife and caused grievous injury to him. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner is an innocent and he has been falsely implicated in this case. The petitioner is in custody from 08.08.2023. Hence, prays to release him on bail.

4. The learned Government Advocate (Crl. Side) for the respondent police submitted that it is a case and counter case. The counter case has been registered in Crime No.307 of 2023. In both the cases, injured have been discharged from the hospital.

5. Considering the nature of offence, it is a case and counter case, the injured persons in both the cases have been discharged from the hospital and the period of incarceration, 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) each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Karur, and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders.

sd/- 15/09/2023 / TRUE COPY / 15/09/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

INDU TO 1 THE JUDICIAL MAGISTRATE NO.II KARUR.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KARUR DISTRICT.

3 THE SUB INSPECTOR OF POLICE VANGAL POLICE STATION, KARUR DISTRICT.

4 THE OFFICER INCHARGE, SUB JAIL, KARUR.

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

+1 CC to M/s.R.L.DHILIPAN PANDIAN, Advocate ( SR-13749[I] dated 15/09/2023 )

ORDER

IN CRL OP(MD) No.16766 of 2023 Date :15/09/2023 SS/15/09/2023/4P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023