Alexandar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/10/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Alexandar ... Petitioner / Accused No.1 Vs The State represented by The Inspector of Police, Veeracholan Police Station, Virudhunagar District.

(Crime No. 41/2023.) ... Respondent/Complainant For Petitioner :

M/s.Pandian M, 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. 41 of 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 05.08.2023 for the alleged offence under Sections (*)147 & 120 (b), 294(b), 341, 323, 150, 506(ii) of IPC 1/4

and 25(1-A) Arms Act, 1959, in Crime No.41 of 2023, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that on 04.08.2023, at about 1.00 p.m., when the defacto complainant was proceeding to his house after worship, the accused persons alleged to have threatened the defacto complainant with deadly weapons, abused him in filthy language and attacked him. Hence, the complaint. 3.The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He has been falsely implicated in this case. Hence, he seeks the relief of bail. 4.Earlier application filed by the petitioner was dismissed on 08.09.2023 in respect of the petitioner. In that petition the co-accused has been released on bail. But, however, considering the bad previous antecedents of the petitioner/first accused, it was dismissed in respect of him.

5.Now the learned Additional Public Prosecutor would submit that investigation in this case is still pending. Therefore, considering the period of incarceration only, this Court is inclined to grant bail to the petitioner. 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 2/4

of the learned Judicial Magistrate, Thiruchuli, and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders.

sd/- 12/10/2023 (*)FOR BEING MENTIONED AS PER ORDER OF THIS HON'BLE COURT DT.13/10/2023 IN CRL.OP(MD).18292/2023.

/ TRUE COPY / 13/10/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TM To TO BE SUBSTITUTED WITH THE ORDER DT. 12/10/2023 ALREADEY DESPATCHED 1.The Judicial Magistrate, Thiruchuli.

2.Do through the Chief Judicial Magistrate, Virudhunagar District at Srivilliputhur.

3.The Inspector of Police, Veeracholan Police Station, Virudhunagar District.

4.The Officer Incharge, District Jail, Virudhunagar.

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

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+1 CC to M/s.M.PANDIAN, Advocate ( SR-15049[I] dated 12/10/2023 )

ORDER

IN CRL OP(MD) No.18292 of 2023 Date :12/10/2023 ED/ /SAR- (10/10/2023) 4P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 TM PKP/DD/SAR- /13.10.2023/ 4P/ 7C 4/4