Arun Pandiyan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/09/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Arun Pandiyan ... Petitioner/Sole Accused Vs The Inspector of Police, Vijayanarayanam Police Station, Tirunelveli District.

Crime No.147 of 2023. ... Respondent/Complainant For Petitioner : M/s.Sasikumar V, 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.147 of 2023 on the file of the Respondent Police. 1/4

ORDER : The Court made the following order :- The petitioner / Sole Accused herein, who was arrested on 24.08.2023 for the alleged offence under Sections 294(b), 307 and 506(ii) of IPC in Crime No.147 of 2023, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 24.08.2023, when the defacto complainant was standing in the bus stop, the petitioner came to the petitioner and asked a sum of Rs.500/- to buy liquor. The defacto complainant refused to give money. At that time, the petitioner abused the defacto complainant in filthy language, attempted to kill him with aruval and criminally intimidated him. Hence the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent, he has not committed any offence as alleged by the prosecution. He has been falsely implicated in this case. Hence, he seeks for the relief of bail.

4. The learned Additional Public Prosecutor would submit that a proposal has been made to invoke Act 14 against the petitioner. The petitioner is having five 2/4

previous cases.

5. Eventhough, it has been stated by the learned Additional Public Prosecutor that proposal under Act 14 has been made. So far copies of the proposal have not been furnished before this Court. Considering the facts and circumstances of this case and also considering the period of incarceration, this Court is inclined to grant relief to the petitioner.

6. Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail, on executing 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, Nanguneri, and the petitioner shall file an undertaking affidavit before the trial Court that he will not indulge in any kind of offence in future and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders. sd/- 22/09/2023 / TRUE COPY / 22/09/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

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pnn TO

1. The Judicial Magistrate, Nanguneri.

2. Do-Through The Chief Judicial Magistrate, Thirunelveli District.

3. The Superintendent, Central Prison, Palayamkottai.

4. The Inspector of Police, Vijayanarayanam Police Station, Tirunelveli District.

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

+1 CC to M/s.V.SASI KUMAR, Advocate ( SR-14072[I] dated 22/09/2023 ) ORDER IN CRL OP(MD) No.17111 of 2023 Date :22/09/2023 RK (22/09/2023) 4P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4