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Madras High CourtCRL OP(MD)/17078/2023granted

Saravanapandiyan v. The Inspector Of Police

2023-09-22Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/09/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Saravanapandiyan ... Petitioner/Sole Accused Vs The State rep.by, The Inspector of Police, Thirugokarnam Police Station, Pudukkottai District.

Crime No.251 of 2023.

... Respondent/Complainant For Petitioner : M/s.Banumathy A, 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.251 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 07.09.2023 for the alleged offence under Sections 294(b), 506(ii) of IPC r/w 20, 25(1)(a) of Arms Act, 1959 in Crime No.251 of 2023, on the file of the respondent police, seeks bail. 1/4

2. The case of the prosecution is that on 07.09.2023, at about 08.00 a.m., due to previous motive over the murder of the petitioner's brother, the petitioner alleged to have threatened the defacto complainant by showing pattakathi, abused him in filthy language. Hence a complaint was given and a case came to be registered.

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 the petitioner is a history sheeted person and 10 previous cases have been registered against the petitioner. As a preventive measure, the petitioner has been arrested.

5. Considering the facts and circumstances of this case and considering the period of incarceration underwent by the petitioner, this Court is inclined to grant relief to the petitioner.

6. Accordingly, this Criminal Original Petition is allowed and the petitioner is 2/4

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 No.II, Pudukkottai, 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.

pnn TO

1. The Judicial Magistrate No.II, Pudukkottai.

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

3. The Officer in charge, District Jail, Pudukkottai.

4. The Inspector of Police, Thirugokarnam Police Station, Pudukkottai District.

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

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+1 CC to M/s.A.BANUMATHY, Advocate ( SR-13997[I] dated 22/09/2023 )

ORDER

IN CRL OP(MD) No.17078 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