Murukesan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/12/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN
1. Murukesan,
2. Minnalkodi, ... Petitioners/Accused No.1 & 2 Vs The State rep.by The Inspector of Police, Siruganur Police Station, Trichy District.
(Crime No.271/2022).
... Respondent/Complainant For Petitioner : M/s.MOHAN GANDHI S M, Advocate.
For Respondent : Mr.M.MUTHUMANIKKAM, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- For Bail in Crime No.271/2022 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioners/A1 and A2 herein, who were arrested on 09.11.2022 for the alleged offence under Sections 147, 148, 294(b), 323, 324, 506(ii) and 307 of IPC, in Crime No.271 of 2022 on the file of the respondent police, seek bail.
2.The case of the prosecution is that due to previous enmity between the parties,on 08.11.022, at about 09.00 a.m, the petitioners along with other accused came to the house of the defacto complainant and said to have abused him in filthy language and also attacked him with iron rod & bricks and caused injury. Hence the complaint.
3.The learned counsel for the petitioner submitted that the petitioners are innocent persons and they were falsely implicated in this case and they have not committed any offence as alleged by the prosecution. He would further submit that 2 years back, the son of the petitioners' died in an accident. Over which, no complaint was made by them and no case was registered. In pursuance of the above 1/3
said occurrence only, the present occurrence said to have taken place. The injured was discharged from the hospital. Hence, he prays for grant of bail to the petitioners.
4.The learned Government Advocate (Crl.Side) submitted that totally 7 accused are involved in this case. The petitioners herein were arrayed as A1 & A2. The petitioner is having 1 previous case in Crime No.532 of 2022, which was registered for the offences punishable under Sections 176 & 201 IPC. However, the injured was discharged from the hospital.
5.Considering the period of incarceration and also considering the fact that the injured was discharged from the hospital, this Court is inclined to grant bail to the petitioners with certain conditions.
6.Accordingly, the petitioners are ordered to be released on bail, on executing a personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate Court, Lalgudi, and on further condition that the petitioners shall report before the respondent police daily at 10.30 a.m. until further orders. sd/- 02/12/2022 / TRUE COPY / 02/12/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.
TO 1 THE JUDICIAL MAGISTRATE, LALGUDI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.
3 THE OFFICER INCHARGE, SUB JAIL, LALGUDI, TRICHY.
4 THE OFFICER INCHARGE, SPECIAL PRISON FOR WOMEN, TRICHY.
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5 THE INSPECTOR OF POLICE, SIRUGANUR POLICE STATION, TRICHY DISTRICT.
6 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.MOHAN GANDHI S M Advocate SR.No.14220
ORDER
IN CRL OP(MD) No.21383 of 2022 Date :02/12/2022 DSS SA/VR/SAR.1/02.12.2022/3P/8C 3/3