Mariappan @ Singam v. The Inspector Of Police

CRL OP(MD). No.21084 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/12/2021 PRESENT The Hon`ble Mrs.Justice S.ANANTHI CRL OP(MD). No.21084 of 2021 Mariappan @ Singam ... Petitioner/Accused No.8 Vs The State rep.by, The Inspector of Police, Muneerpallam Police Station, Tirunelveli (Crime No.407/2021) ... Respondent/Complainant For Petitioner : Mr.P.Rajkumar, 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.407/2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused No.8 herein, who was arrested on 17.09.2021 for the alleged offence under Sections 302 IPC altered into 147, 148, 149, 294(b), 341, 342, 302 and 201 IPC in Crime No.407 of 2021, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that there is a communal dispute between two groups. Due to which, the accused persons unlawfully assembled and waylaid the deceased, attacked him with deadly weapons and caused death. Initially the case was registered under Section 302 IPC and based on the confession statement of the other accused this petitioner was arrayed as Accused NO.8 and the offences were altered into Sections 147, 148, 149, 341, 342, 302 and 201 IPC.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Based on the confession https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.21084 of 2021 statement made by the other accused persons only, this petitioner was implicated in this case.

4.The learned Government Advocate (Crl. side) submitted that investigation has been completed and charge sheet has also been filed before the concerned Court in P.R.C.No.125 of 2021. 5.Considering the facts and the circumstances of this case, investigation is also completed and charge sheet was filed before the concerned Court, the antecedents of the petitioner and considering the period of incarceration, 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 Judicial Magistrate No.V, Tirunelveli and on further condition that the petitioner shall stay at Madurai and report before the Madurai Town police Station daily at 10.30 a.m. for a period of thirty (30) days.

sd/- 29/12/2021 / TRUE COPY / / /2021 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 JUDICIAL MAGISTRATE NO.V,TIRUNELVELI.

2 THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI DISTRICT.

3 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.

4 THE INSPECTOR OF POLICE MUNEERPALLAM POLICE STATION, TIRUNELVELI.

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

COPY TO:

THE INSPECTOR OF POLICE, MADURAI TOWN POLICE STATION, MADURAI.

ORDER IN CRL OP(MD) No.21084 of 2021 Date :29/12/2021 GBG/TM MK/VR/SAR.IV/29.12.2021/2P/7C https://hcservices.ecourts.gov.in/hcservices/ 2/2