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Madras High CourtCRL OP(MD)/17305/2023granted

Hariraja v. The Inspector Of Police

2023-09-27Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/09/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.17305 of 2023 Hariraja, ... Petitioner/Sole Accused Vs The State rep. by The Inspector of Police, Natchiyarkoil Police Station, Thanjavur District.

(Crime No.662/2023).

... Respondent/Complainant For Petitioner : M/s.Sasidharan Tamilkani.S.T., 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.662 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/Sole Accused herein, who was arrested on 08.08.2023 for the alleged offence under Sections 294(b), 324, 427, 506(ii) of IPC and 25(1)(a) of Arms Act, 1959, in Crime No.662 of 2023, on the file of the respondent police, seeks bail. 1/4

2.The case of the prosecution is that on 07.08.2023, at 10.00 p.m., when the defacto complainant closed the shop, the petitioner came there in drunken mood and demanded him some groceries. When the defacto complainant demanded money for the same, there was wordy quarrel between them. The petitioner abused the defacto complainant in filthy language and also threatened him showing big knife. 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.

4.The learned Additional Public Prosecutor submitted that the petitioner is having similar previous cases.

5.Even though the petitioner is having previous cases, considering the period of incarceration and considering the nature of offence, this Court is inclined to grant bail to the petitioner on payment of cost.

6. Accordingly, this Criminal Original Petition is allowed on condition that the petitioner shall deposit a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) to the credit of Cr.No.662 of 2023 before the trial Court concerned, without prejudice to his rights and contentions before the trial Court. 2/4

7. On such deposit being made, 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.II, Kumbakonam, Thanjavur District, and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders.

sd/- 27/09/2023 / TRUE COPY / 27/09/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TM TO

1. The Judicial Magistrate No.II, Kumbakonam, Thanjavur District.

2. Do-Through The Chief Judicial Magistrate, Thanjavur District at Kumbakonam.

3. The Superintendent, Central Prison, Trichy.

4. The Inspector of Police, Natchiyarkoil Police Station, Thanjavur District.

5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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+1 CC to M/s.S.T.SASIDHARAN TAMILKANI, Advocate ( SR-14260[I] dated 27/09/2023 )

ORDER

IN CRL OP(MD) No.17305 of 2023 Date :27/09/2023 SSA/27.09.2023/4P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4