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Madras High CourtCRL OP(MD)/17061/2023granted

Sonaiyan @ Selvam v. The Inspector Of Police

2023-09-21Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21/09/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Sonaiyan @ Selvam ... Petitioner/Accused No.6 Vs The Inspector of Police, Virudhunagar East Police Station, Virudhunagar District.

Crime No.91 of 2023.

... Respondent/Complainant For Petitioner : Mr.S.BALAJI, 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.91 of 2023 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/6th accused herein, who was arrested on 31.08.2023 for the alleged offence under Sections 147, 148, 450, 353, 307 and 506(ii) IPC, in Crime No.91 of 2023 on the file of the respondent Police, seek bail.

2. The case of the prosecution is that the de-facto complainant and his friend Vignesh were arrested and remanded to judicial custody, on 06/03/2023 in murder case and the de-facto complainant and his friend were admitted in the hospital for 1/4

treatment. Thereafter, on 18/04/2023 at about 05.45 pm, the petitioner along with other accused unlawfully assembled and attempted to murder the de-facto complainant, while he was in lawful custody and also threatened to kill him. 3.Heard both sides and perused the materials available on record. 4.The learned counsel appearing for the petitioner would submit that the coaccused namely Silamparasan was granted bail by this Court, by order, dated 05/06/2026 in Crl.OP(MD)No.9542 of 2023 and Raja was enlarged on anticipatory bail by this Court, by order, dated 14/06/2023 in Crl.OP(MD)No.10471 of 2023. A1, A5 and A13 were arrested and released on bail. 5.The learned Additional Public Prosecutor would submit that A1, A4, A7, A8, A9 and A10 were detained under Preventive Detention Act. Further, this petitioner is having three previous cases at his credit.

6.Considering the facts and circumstances of the case and also considering the fact that since the co-accused have been granted bail and the anticipatory bail as the case may be, this court is inclined to grant bail to the petitioner subjected to certain conditions.

7.Accordingly, the petitioner is ordered to be released on bail on condition that he shall execute a 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 2/4

No.II, Virudhunagar and on further condition that the petitioner shall stay at Thanjavur and report before the Judicial Magistrate No.1, Thanjavur, daily at 10.30 am until further orders.

sd/- 21/09/2023 / TRUE COPY / 21/09/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

INDU TO 1 THE JUDICIAL MAGISTRATE NO.II, VIRUDHUNAGAR.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

3 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

4 THE INSPECTOR OF POLICE, VIRUDHUNAGAR EAST POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

COPY TO:

1 THE JUDICIAL MAGISTRATE NO.I, THANJAVUR.

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2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM. +1 CC to M/s.A.KESAVAN, Advocate ( SR-13944[I] dated 21/09/2023 )

ORDER

IN CRL OP(MD) No.17061 of 2023 Date :21/09/2023 SA/SAR. /21.09.2023/4P/9C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4