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Madras High CourtCRL OP(MD)/18746/2023granted

Ramesh v. The Sub Inspector Of Police

2023-10-18Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/10/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Ramesh ... Petitioner/Accused No.2 Vs The State represented by The Sub Inspector of Police, Bodi Town Police Station, Bodi, Theni District.

Crime No. 228 of 2023.

... Respondent/Complainant For Petitioner : M/s.Guhan K, 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. 228 of 2023 on the file of the respondent police. ORDER : The Court made the following order :- This is the third application. The petitioner/Accused No.2 herein, who was 1/4

arrested on 12.06.2023 for the alleged offence under Sections 294(b), 506(ii), 307 & 34 of IPC r/w Section 4 of TNPHW Act, in Crime No.228 of 2023, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner and the defacto complainant is husband and wife. The petitioner is having illegal relationship with another woman. Hence, the defacto complainant is living separately. She has filed petition for maintenance before the trial Court. While so, the petitioner along with coaccused hit the defacto complainant with car bearing Registration No.TN 59 BZ 9090 and caused multiple injured. Hence, the complaint. 3.The learned Additional Public Prosecutor would submit that the proposal invoking action under Act 14 was not accepted by the competent authority. 4.Considering the period of incarceration and the fact that the proposal invoking under Act 14 was not accepted by the competent authority, this Court is inclined to grant bail to the petitioner with stringent conditions. 2/4

5.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, Bodinaickkanur, Theni District, and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders.

sd/- 18/10/2023 / TRUE COPY / 18/10/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

VSG TO 1 THE JUDICIAL MAGISTRATE, BODINAICKKANUR, THENI DISTRICT.

2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT. 3 THE SUPERINTENDENT, CENTRAL JAIL, THENI.

4 THE SUB INSPECTOR OF POLICE BODI TOWN POLICE STATION, BODI, THENI DISTRICT. 3/4

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

+1 CC to M/s.K.GUHAN, Advocate ( SR-15386[I] dated 18/10/2023 )

ORDER

IN CRL OP(MD) No.18746 of 2023 Date :18/10/2023 SS/DD/18/10/2023/4P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4