A.Natrayan @ Nattarayan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01/11/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN A.Natrayan @ Nattarayan, ... Petitioner/Accused No.2 Vs State Rep.by The Inspector of Police, Virudhunagar East Police Station, Virudhunagar District.
Crime No. 91 of 2023.
... Respondent/Complainant For Petitioner : M/s.Kesvan 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.91 of 2023 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/Accused herein, who was arrested on 31.08.2023 for the alleged offence under Sections 147, 148, 450, 353, 307 and 506(ii) of IPC, in Crime No.91 of 2023, on the file of the respondent police, seeks bail. 1/4
2.The case of the prosecution is that on 02.03.2023, a case was registered against the defacto complainant and his friends at Dindigul Taluk Police Station. Hence,the defacto complainant along with his friends were arrested by the police. Since they are suffering from cut injuries, they were admitted in the Government Medical College Hospital, Virudhunagar, as inpatient. At that time, on 18.04.2023, the petitioner and other accused persons trespassed into the hospital, scattered chilli powder on the police. The petitioner and other accused persons have attacked the defacto complainant and his friends with Aruval and caused grievous injuries. On that basis, the present case has been registered. 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.The learned Additional Public Prosecutor submitted that co-accused have been granted bail and anticipatory bail by this Court. This petitioner is having thirteen (13) previous cases, among which two cases have been registered for the offences under Section 302 of IPC.
5.Considering the facts and circumstances of this case and also considering the bad antecedents of the petitioner, previous application filed by the petitioner was dismissed by this Court.
6.Considering the period of incarceration and since the all other co-accused 2/4
were released on regular bail, this Court is inclined to grant bail to the petitioner with certain conditions.
7.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.II, Virudhunagar. The learned Additional Public Prosecutor would submit that it is a retaliatory attack. Considering the above said situation, the petitioner shall stay at Trichy and report before the learned Judicial Magistrate No.I, Trichy, daily at 10.30 a.m. until further orders. sd/- 01/11/2023 / TRUE COPY / 01/11/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TM TO THE JUDICIAL MAGISTRATE NO.II, VIRUDHUNAGAR DO-THROUGH :
THE CHIEF JUDICIAL MAGISTRATE, VIRUTHUNAGAR DISTRICT AT SRIVILLIPUTHUR.
THE JUDICIAL MAGISTRATE NO.I TRICHY.
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DO THROUGH:
THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT. THE SUPERINTENDENT,CENTRAL PRISON, MADURAI.
THE INSPECTOR OF POLICE VIRUDHUNAGAR EAST POLICE STATION, VIRUDHUNAGAR DISTRICT.
THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.A.KESAVAN, Advocate ( SR-15736[I] dated 01/11/2023 )
ORDER
IN CRL OP(MD) No.18937 of 2023 Date :01/11/2023 PKP/01.11.2023/ 4P/ 9C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4