Stalin Devaraj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/10/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Stalin Devaraj ... Petitioner/Accused No.1 Vs The State represented by The Inspector of Police, Thisayanvilai Police Station, Tirunelveli.

(Crime No.349 of 2023).

... Respondent/Complainant For Petitioner : M/s.Arun Ramnath.A, Advocate.

For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.349/2023 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/Accused No.1 herein, who was arrested on 18.08.2023 for the 1/4

alleged offence under Sections 294(b), 307, 506(ii) of IPC, in Crime No.349 of 2023, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that due to previous enmity, the petitioner abused the defacto complainant and his wife in filthy language, attempted to assault with aruval and threatened him with dire consequences. Hence, the case. 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.

4.Earlier petition filed by the petitioner was dismissed on the ground that the petitioner is having several previous cases and proposal is pending with the District Collector to invoke Act 14 against the petitioner. Now, the learned Additional Public Prosecutor submitted that even though the petitioner is having several previous cases, the District Collector rejected the proposal for invoking Act 14 against the petitioner.

5.In view of the submissions made by the learned Additional Public Prosecutor 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 2/4

Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Radhapuram and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders.

sd/- 05/10/2023 / TRUE COPY / 05/10/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

TM TO 1 THE JUDICIAL MAGISTRATE, RADHAPURAM.

2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, THIRUNELVELI DISTRICT. 3 THE OFFICER INCHARGE, DISTRICT JAIL, PALAYAMKOTTAI.

4 THE INSPECTOR OF POLICE THISAYANVILAI POLICE STATION, TIRUNELVELI.

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

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+1 CC to M/s.A.ARUN RAMNATH, Advocate ( SR-14692[I] dated 05/10/2023 )

ORDER

IN CRL OP(MD) No.17764 of 2023 Date :05/10/2023 SS/05/10/2023/4P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4